Appellate Court Opinions
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32,728 Appellate Court Opinions
State v. Williamson
motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify
Turner v. Oakley
Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody.
W. 4th, LLC v. Brown
Breach of Contract; Summary Judgment; Sale of Real Property
Court of Appeals Published Opinions Filed April 5, 2022
Court of Appeals Unpublished Opinions Filed April 5, 2022
Barrington v. Dyer
Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.
Bio-Med. v. N.C. Dep't of Health & Hum. Serv.
Certificate of Need; contested case hearing; substantial prejudice.
Brady v. Brady
alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award
Brown v. Wortham Williams & Son, Inc.
Negligence; Appellate Jurisdiction
Bryan v. Kittinger
Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion.
Carpenter v. Bank of Am. Corp.
Rule 60(b); mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence; fraud; other reasons justifying relief.
Carroll at Bellemeade, LLC v. Kabuto, Inc.
trial court did not abuse its discretion in denying motion to set aside judgment of summary ejectment where tenant was served by posting and failed to appear at trial
Cauley v. Bean
Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress.
Daedalus, LLC v. City of Charlotte
Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari
Foxx v. Foxx
Subsequent appeal, modification of equitable distribution, and findings of fact
Greene v. Lane
interlocutory order; substantial right; attorney disqualification; North Carolina Rules of Professional Conduct; conflict of interest
Hall v. Wilmington Health, PLLC
COVID-19, interlocutory, substantial right, due process, right to retained counsel, moot, preservation
Hill v. Grant
Order granting partial summary judgment is an interlocutory order and not immediately appealable. Appellant fails to show a substantial right will be lost absent immediate review.
In re C.J.O.
abuse, neglect, and dependency; trial court's adjudication of neglected was supported by factual findings, which were supported by the evidence
In re K.A.B.
UCCJEA, temporary emergency jurisdiction, visitation