Appellate Court Opinions
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15,992 Appellate Court Opinions
State v. Wiles
reasonable suspicion; traffic stop; N.C.R. Evid. 403; horizontal gaze nystagmus testing
Taube v. Hooper
defamation per se; NCR Civ P 12(b)(6) dismissal
Topping v. Meyers
Defamation and libel; defamation as negligence; absolute privilege; immunity from suit; motion to dismiss; quasi-judicial.
Tuel v. Tuel
child custody order re: relocation of children w/parent to another state - factors & adequacy of findings; NCGS 50 13.2(a); best interest of child
Court of Appeals Published Opinions Filed March 3, 2020
Cummings v. Carroll
Claims for (1) negligence, (2)negligent misrepresentation, (3) breach of fiduciary duty, (4) unfair and deceptive trade practices within the meaning of N.C. Gen. Stat. 75-1.1, (5) breach of contract, (6) breach of implied covenant of good faith and fair dealing, (7) fraud and fraud in the inducement, (8) fraud by concealment, (9) personal liability in connection with the sale and purchase of a home. Summary judgment.
Green v. Black
Default on promissory note; provision to contract for new note on unspecified terms in event of default set aside as void and severable; summary judgment affirmed
Holdstock v. Duke Univ. Health Sys., Inc.
Facial challenge, three judge panel, N.C.G.S. 1-267.1, N.C.G.S. 1-81.1, N.C.G.S. 1A-1, Rule 42(b)(4)
In re: Giddens
Spousal Year's Allowance; Deficiency Judgment; Estate Administration; Family Settlement Agreements
Long v. Fowler
wrongful death; sufficiency of allegations in complaint; identification of individual and official capacity in caption; sovereign immunity; caption in complaint sufficiently identified individuals in individual and official capacity to survive motions to dismiss pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) of North Carolina Rules of Civil Procedure
Poulos v. Poulos
Interlocutory; Collateral estoppel; Equitable distribution
State v. Ditenhafer
obstruction of justice, N.C.G.S. 14-3(b), denial of access
State v. Leaks
Jury Instructions; Self-defense
State v. Mangum
Criminal Conviction, Civil Judgment, Attorney?s Fees, Jurisdiction, Record on Appeal, N.C. R. App. P. 3(a), Certiorari, N.C. R. App. P. 9, Amending Record on Appeal
State v. Nazzal
DWI-insufficient evidence of impairment - NCGS 20-138.1(a)(1); second-degree murder re: reckless driving non-DWI; NCGS 20-146(d)(1) failure to maintain lane control
State v. Neira
expunctions or expungement; eligibility for expunction of offense involving impaired driving
State v. Pratt
Jury instruction on entrapment not warranted where defendant failed to show lack of predisposition to commit crimes charged; error to enter civil judgment for attorney's fees without providing defendant opportunity to be heard thereupon
Supreme Court Opinions Filed February 28, 2020
Accardi v. Hartford Underwriters Ins. Co.
Appeal from an order and opinion of the Business Court concluding that insurers can depreciate labor costs when calculating actual cash value.
Beem USA Ltd.-Liab. Ltd. P'ship v. Grax Consulting LLC
Appeal from Business Court orders denying plaintiffs' motion for entry of default judgment; whether defendant's contacts with North Carolina were sufficient to support a determination that personal jurisdiction existed.