Appellate Court Opinions
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32,354 Appellate Court Opinions
State v. Tarlton
Fatal variance, preservation, material element, surplusage
State v. Tyrone Dillard
court erred by denying motion to dismiss or committed plain error by giving an alleged incomplete jury instruction on felony hit and run, or both
Weller v. Jackson
civil no-contact order; N.C.G.S. § 50C-1; First Amendment
Court of Appeals Published Opinions Filed August 17, 2021
Court of Appeals Unpublished Opinions Filed August 17, 2021
85' & Sunny, LLC v. Currituck Cty.
County zoning board decision was supported by substantial, competent evidence in view of the entire record; trial court's review of county zoning board in nature of certiorari; interpretation of county unified development ordinance.
Angela Wilson Freeman v. Tommie L. Glenn
Motor vehicle accident; contributory negligence; peremptory instruction on negligence; evidence of seat belt misuse; duplicative evidence; harmless error; motion for judgment notwithstanding verdict
Cassandra Michele Starnes vs. Carrie Elizabeth Starnes
child custody; trial court did not err in refusing to admit evidence of infidelity of one spouse; trial court's challenged findings of fact were supported by competent evidence or were recitations of testimony not necessary to support court's ultimate findings of fact and conclusions of law; expert did not engage in improper vouching; court's findings on the ultimate facts resolved all the material issues in controversy
Contaminant Control, Inc. v. Allison Holdings, LLC
Directed Verdict; Fraud; Breach of Contract; Relevant Evidence; Motion to Amend
Erickson v. NC Dep't of Pub. Safety
Administrative Law Judge; hearsay evidence; dismissal for just cause; career State employee; grossly inefficient job performance; unacceptable personal conduct;
Gribble v. Bostian
easement, appurtenant, not located, acquiesced, competent evidence, practical location, reasonable way, Dead Man's Statute, Hearsay
In re: S.R.J.T.
neglect, dependency, finding of fact, alternative child care arrangement
James Lomick v. N. Carolina Dept. of Pub. Safety
Order of Industrial Commission; interlocutory appeal; appellate jurisdiction.
Jayson Jackson v. Duke Univ. Health Sys., Inc.
Medical malpractice claim; sufficiency of Rule 9(j) certification; dismissal; denial of motion to amend Rule 9(j) certification; futility of amendment
Lowery v. Choice Hotels Int'l, Inc.
Proper Venue; Notice and Hearing; Waiver
Lowrey v. Choice Hotels Int'l, Inc.
Proper Venue; Notice and Hearing; Waiver
Ross v. SBI
Industrial Commission; State Tort Claims Act; Rule 60 motion for relief from judgment; Rule 60(b)(3); untimely motion; Rule 60(b)(6); abuse of discretion standard
State v. Forte
N.C. Gen. Stat. 15A-1354(a); discretion to impose consecutive or concurrent sentences; notice and opportunity to be heard before imposition of civil judgment for attorneys' fees; duplicative court costs; fee not supported by evidence
State v. Gavin
First degree kidnapping; motion to dismiss; sufficiency of the evidence; intent to terrorize victim
State v. Kisha Joann Welch
Felony child abuse; motion to dismiss; reliability of expert testimony; motion to continue; sufficient notice of expert testimony; relevant evidence; character evidence; closing arguments.