Appellate Court Opinions

Slip opinions (court's decision in a case) filed and written by the justices of the Supreme Court or judges of the Court of Appeals

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15,497 Appellate Court Opinions

, Supreme Court , 150A19 (Justice Sam Ervin IV) , Published
In re S.D.

Appeal from an order terminating parental rights pursuant to N.C.G.S. 7B-1111(a)(1) and (2); whether the trial court's adjudicatory findings of fact were supported by clear, cogent and convincing evidence; and whether those findings were sufficient to support the trial court's conclusion of law that grounds existed to terminate respondent's parental rights on the basis of neglect based upon a prior adjudication of neglect and a likelihood of repetition of neglect.

, Supreme Court , 212A19 (Justice Paul Newby) , Published
In re Z.A.M.

Appeal from an order terminating parental rights under N.C.G.S. 7B-1111(a)(1) and (2); whether the trial court issued sufficient findings of fact regarding progress leading up to the termination hearing to support its ultimate findings of fact and conclusions of law that grounds existed to terminate parental rights; whether the trial court abused its discretion in terminating parental rights.

, Supreme Court , 339A18 (Justice Sam Ervin IV) , Published
New Hanover Cty. Bd. of Educ. v. Stein

Whether payments made pursuant to an agreement between the Attorney General's Office and major hog producers constitute 'penalties' subject to article IX, section 7 of the North Carolina Constitution.

, Supreme Court , 434PA18 (Justice Sam Ervin IV) , Published
PHG Asheville, LLC v. City of Asheville

Conditional Use Permits; Whether the City of Asheville properly denied a developer's application for a conditional use permit to build a hotel in downtown Asheville; Whether a local government may independently assess an application for a conditional use permit and make findings of fact that support denying that permit when no one offers evidence in opposition to that permit or, alternatively, whether a developer is automatically entitled to the issuance of a conditional use permit when no one presents evidence in opposition to the permit.

, Supreme Court , 124PA19 (Justice Anita Earls) , Published
Preston v. Movahed

Medical malpractice 9(j) certification; medical expert willing to testify; facially valid 9(j) certificate

, Supreme Court , 75PA19 (Justice Mark Davis) , Published
State v. Conley

Appeal from a decision of the Court of Appeals holding that defendant could only be convicted of a single count of possession of a firearm on educational property, despite his simultaneous possession of five firearms.

, Supreme Court , 195A19 (Justice Robin Hudson) , Published
State v. Copley

Whether the trial court abused its discretion when it overruled defendant's objections during the prosecutor's closing argument.

, Supreme Court , 79PA18 (Justice Robin Hudson) , Published
State v. Golder

Whether (1) defendant's challenges to the sufficiency of the State's evidence were preserved; (2) the State presented sufficient evidence that defendant aided and abetted; and (3) the State presented sufficient evidence that defendant obtained a 'thing of value' as defined under N.C.G.S. 14-100.

, Supreme Court , 398PA18 (Justice Robin Hudson) , Published
Town of Pinebluff v. Moore Cty.

Whether there is an irreconcilable conflict between N.C.G.S. 160A-360(e) and N.C.G.S. 160A-360(f), as amended by Session Law 1999-35, that invalidates the applicability of subsection (e).

, Court of Appeals , COA19-641 (Judge Christopher Brook) , Published
Berke v. Fid. Brokerage Servs.

motions for directed verdict and for judgment notwithstanding the verdict under Rule 50 of North Carolina Rules of Civil Procedure; sufficiency of evidence for submission to jury where no evidence was presented during trial that anyone other than named beneficiary of retirement accounts was beneficiary of accounts

, Court of Appeals , COA19-887 (Judge John Tyson) , Published
Buchanan v. NC Farm Bureau Mut. Ins. Co., Inc.

Cancellation of insurance policy; breach of contract; unfair and deceptive trade practices; motion in limine; appraisal as condition precedent; directed verdict following denial of summary judgment; exclusion of expert witness; NCGS 58-63-15; grounds for appellate review; sanctions.

, Court of Appeals , COA18-1222 (Judge Richard Dietz) , Published
In re: A.K.G.

Justiciability; Exceptions to Mootness; Collateral Consequences; Public Interest; Capable of Repetition Yet Evading Review

, Court of Appeals , COA19-789 (Judge Allegra Collins) , Published
In re: B.S.

sufficient findings of fact to support the conclusion of dangerous to self; entry of a commitment period which exceeded the statutory maximum was impermissible

, Court of Appeals , COA19-424 (Judge Hunter Murphy) , Published
In re: K.R.G.

ICWA, ICWA Notification, Remand

, Court of Appeals , COA19-652 (Judge Allegra Collins) , Published
In re: N.U.

insufficient evidence to support findings of fact; findings of fact failed to support the conclusion that respondent was dangerous to self

, Court of Appeals , COA19-460 (Judge Allegra Collins) , Published
State v. Cash

motion to set aside bond forfeiture; unauthorized practice of law within meaning of Section 84-5; sanctions reversed.