Appellate Court Opinions
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32,354 Appellate Court Opinions
State v. Torres
Indecent liberties; admission of corroborative testimony about out of court statements
State v. Viers
Expert Testimony; Impermissible Vouching for Witness Credibility; Preservation; Prejudicial Error
Tuel v. Tuel
child custody; relocation; findings of fact; appellate mandate; Ramirez-Barker v. Barker; abuse of discretion
Wattley v. Wortham-Thomas
interlocutory appeal, substantial right
Court of Appeals Published Opinions Filed January 18, 2022
Court of Appeals Unpublished Opinions Filed January 18, 2022
Carmichael v. Cordell
Personal jurisdiction; minimum contacts; in personam jurisdiction, NCGS 1-75.4; in rem jurisdiction, NCGS 1-75.8; property located within NC; abuse of discretion.
Dan King Plumbing Heating & Air Conditioning, LLC v. Harrison
unfair and deceptive practices; reliance on false signature could not be shown where party was unaware of the signature; trial court erred in concluding that claims for unfair and deceptive practices failed where party was sold duplicate warranties; remand required to determine the reasonableness of any reliance on duplicate warranties; trial court did not abuse its discretion in refusing to allow amendment of counterclaim during trial; trial court erred by failing to grant motion for directed verdict on defective workmanship claim because no expert testimony supported claim that workmanship was defective, as required; attorney's fees issue was not preserved for appellate review where no ruling was obtained on the request prior to appeal being noticed; trial court did not abuse its discretion in directing the order of closing arguments, if issue was preserved for appellate review
Davis v. Lake Junaluska Assembly, Inc.
Summary judgment; NCGS 47F; NC Planned Community Act; Applicability; Assessments; Disclosure of records;
Enoch v. Monarch
Workers' compensation; denial of additional treatment; award of attorneys' fees for unfounded litigiousness under N.C. Gen. Stat. 97-88.1
In re J.B.
Modification of child custody order; substantial change of circumstances; N.C.G.S. 50-13.7
In re: A.P.
Permanency planning order; reasonable accommodations for respondent-parent; sufficient findings of fact and conclusions of law; visitation order; substantial discretion to guardian over visitation; future review hearings
Kim v. Calloway
Contempt; failure to pay child care expenses under court order; willfulness requirement; insufficient findings of fact
McGirt v. Durham Cnty. Gov't
wrongful death while in custody; interlocutory appeal based on sovereign, governmental, or qualified immunity; trial court correctly granted in part and denied in part motion to dismiss; no immediate appeal of right existed from trial court's denial of claim for temporary or permanent injunction
Miller v. E. Band of Cherokee Indians
Motion to dismiss; sovereign immunity; tribal defendants; Native American tribe; Eastern Band of Cherokee Indians; interlocutory; appellate jurisdiction; real property; easements
Monroe v. MV Transp.
North Carolina Industrial Commission; disability benefits; showing of futility; remanded for further findings.
Revis v. Schleder
Res ipsa loquitur; negligence; medical negligence; medical malpractice; special pleading requirements; Rule 9(j); Rules of Civil Procedure; motion to dismiss; interlocutory appeal; appellate jurisdiction; and vicarious liability.
Roth v. Roth
modification of child support; calculation of gross income; witness credibility; issue abandoned on appeal
Sprouse v. Mary B. Turner Trucking Co. LLC
Workers compensation; NCGS 97-22; causal relation; timely notice; burden to show lack of prejudice.
State of NC Ex. Rel. Utils. Comm'n v. Friesian Holdings, LLC
North Carolina Utilities Commission; independent solar energy plant; certificate of public convenience and necessity; North Carolina General Statutes Section 62-110.1(a); FERC crediting policy; no federal preemption; levelized cost of transmission test; cost to ratepayers; purchase power agreement; affirm the Commission's denial of application