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 , 128A18 (Justice Sam Ervin IV) , Published
Azure Dolphin, LLC v. Barton

Appeal from final judgment of North Carolina Business Court granting defendants' motion to dismiss all claims under Civil Procedure Rule 12 and from interlocutory order denying plaintiffs' motion to file a second amended complaint.

, Supreme Court , 56PA17 (Justice Mark Martin) , Published
Corwin v. British Am. Tobacco PLC

Whether a minority stockholder of a North Carolina corporation owed fiduciary duties to its fellow stockholders.

, Supreme Court , 416A17 (Justice Sam Ervin IV) , Published
Hairston v. Harward

Motor vehicle wreck caused by underinsured driver; judgment for plaintiff against defendant tortfeasor; whether defendant can receive credit against the amount of the judgment owed by him for monies paid to plaintiff by plaintiff's UIM carrier.

, Supreme Court , 227PA17 (Justice Paul Newby) , Published
In re Will of Allen

Whether a holographic codicil later added to a page of a properly attested, typewritten will met statutory and case law requirements to be valid; whether the Court of Appeals erred in reversing the trial court's grant of summary judgment for the propounder and remanding for entry of summary judgment in favor of the caveators.

, Supreme Court , 318A17 (Justice Michael Morgan) , Published
Morrell v. Hardin Creek, Inc.

Action by tenants to recover damages based on landlord's alleged negligent renovation of the leased premises that resulted in severe damage to plaintiffs' equipment and business interests; whether the lease agreement contained an unambiguous waiver of all claims by either party based on the other party's negligence.

, Supreme Court , 335A17 (Justice Robin Hudson) , Published
Pine v. Wal-Mart Assocs.

Workers' Compensation Act; whether, after her employer admitted medical compensability for certain injuries via a Form 60, an employee met her burden to show causation for other medical conditions arising from the same accident but for which the employer did not admit liability; whether the Industrial Commission's erroneous application of the 'Parsons presumption' requires the award of benefits to be set aside and remanded to the Commission.

, Supreme Court , 173PA17 (Per Curiam) , Published
State v. Fowler

Appeal from defendant's conviction for driving while impaired; whether the trial court committed reversible error by instructing the jury on the basis of a legal theory lacking evidentiary support.

, Supreme Court , 142PA17 (Justice Sam Ervin IV) , Published
State v. Malachi

Appeal from defendant's convictions for possession of a firearm by a convicted felon and attaining habitual felon status; whether the trial court committed prejudicial error by instructing the jury concerning the doctrine of constructive possession.

, Supreme Court , 400PA17 (Justice Cheri Beasley) , Published
State v. Meadows

Appeal from convictions for trafficking in opium; claim of ineffective assistance of counsel; whether N.C. R. App. P. 10(a)(1) precludes appellate review of alleged sentencing errors to which defense counsel did not object at trial; whether defendant's sentences were an abuse of discretion and violate the Eighth Amendment.

, Supreme Court , 253PA17 (Justice Robin Hudson) , Published
State v. Melton

Appeal from convictions for attempted first-degree murder and solicitation to commit first-degree murder of the same victim; whether the trial court erred in (1) denying defendant's motion to dismiss the attempt charge for insufficient evidence and (2) not arresting judgment on the solicitation conviction on double jeopardy grounds.

, Supreme Court , 82A18 (Justice Paul Newby) , Published
Stokes v. Stokes

Appeal from trial court's discretionary ruling under N.C.G.S. 1-83(2) changing venue in a child custody action; whether the Court of Appeals erred in dismissing plaintiff-mother's interlocutory appeal from the trial court's order.

, Court of Appeals , COA17-1429 (Judge Rick Elmore) , Published
Bullock v. Tucker

Trial court order adopting a compulsory referee's report; sufficiency of trial court's review of referee's findings under Rule 52(g)(2); recommendation of Rule 60(b)(6) relief from prior order; remand for entry of proper judgment on referee's adopted report

, Court of Appeals , COA18-287 (Judge Ann Calabria) , Published
In re: D.A.

Permanency planning order; Permanent plan

, Court of Appeals , COA18-486 (Judge John Tyson) , Published
In re: L.S. & I.S.

Termination of parental rights; grounds set forth in petition; failure to legitimate; findings of fact.

, Court of Appeals , COA18-654 (Judge Valerie Zachary) , Published
In re: Y.I. & J.I.

permanency planning order; custody; jurisdiction over juvenile proceedings; visitation