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

Search Case Summaries / Headnotes.
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15,497 Appellate Court Opinions

, Court of Appeals , COA17-690 (Judge Mark Davis) , Published
Summerville v. Summerville

Modification of child custody; trial court's sua sponte modification of child support award; lack of appellate jurisdiction to address criminal contempt finding; attorneys fees for defense of child custody modification; temporary vs. permanent custody orders

, Supreme Court , 170A17 (Justice Mark Martin) , Published
City of Asheville v. Frost

Whether the Asheville Civil Service Law governing appeals of decisions of the Asheville Civil Service Board to superior court gives a respondent the right to a jury trial.

, Supreme Court , 334A17 (Per Curiam) , Published
In re Foreclosure of Ackah

Relief from foreclosure sale under N.C.G.S. 1A-1, Rule 60(b) based on petitioner's failure to satisfy Rule 4's 'due diligence' notice requirement; whether N.C.G.S. 1-108 prohibits the court from ordering relief in the form of restoring title to the real property to the previous owner.

, Supreme Court , 425A17 (Per Curiam) , Published
In re W.H.S.

Review of recommendation for public reprimand.

, Supreme Court , 337A17 (Per Curiam) , Published
Jackson v. Century Mut. Ins. Co.

Action by homeowners against their homeowners' insurance company for unfair and deceptive trade practices, breach of contract, and bad faith; whether the trial court erred in granting summary judgment for defendant insurer.

, Supreme Court , 252A16 (Justice Barbara Jackson) , Published
Krawiec v. Manly

Interlocutory appeal from N.C. Business Court order granting defendants' motions to dismiss certain claims under Civil Procedure Rule 12(b)(6).

, Supreme Court , 374A16 (Per Curiam) , Published
Sanchez v. Cobblestone Homeowners Ass'n of Clayton, Inc.

Whether plaintiff homeowners who were later found not to be members of a homeowners association can recoup all previous dues that were erroneously collected by the association; whether an implied-in-fact contract existed between plaintiffs and the association; whether plaintiffs are estopped from denying the obligation to pay dues to the association.

, Supreme Court , 370A17 (Per Curiam) , Published
State v. Brawley

Whether an indictment charging defendant with larceny of personal property from a named department store was fatally defective because it did not allege the type of entity from which the property was stolen.

, Supreme Court , 95A17 (Justice Robin Hudson) , Published
State v. China

Kidnapping and first-degree sex offense; whether the trial court erred in denying defendant's motion to dismiss the kidnapping charge on grounds that no restraint apart from that involved in the sex offense occurred.

, Supreme Court , 455PA16 (Justice Michael Morgan) , Published
State v. Howell

Whether, after defendant's sentence for committing a Class 1 misdemeanor violation of the Controlled Substances Act was punished as a Class I felony under N.C.G.S. 90-95(e)(3), the trial court erred in sentencing defendant, an admitted habitual felon, as a Class E felon.

, Supreme Court , 126PA17 (Justice Barbara Jackson) , Published
State v. Jacobs

Whether Rule of Evidence 412, the 'Rape Shield Law,' generally excludes evidence of an alleged victim's sexually transmitted diseases; whether the exception provided in Rule 412(b)(2) allows admission of such evidence in this case.

, Supreme Court , 335PA16 (Justice Paul Newby) , Published
State v. Lee

Whether, at defendant's murder trial, the court committed plain error by declining to give certain jury instructions requested by defendant regarding 'no duty to retreat.'

, Supreme Court , 199A17 (Justice Paul Newby) , Published
State v. Mostafavi

Whether an indictment charging defendant with obtaining property by false pretense was fatally defective.

, Supreme Court , 312A17 (Per Curiam) , Published
Vogler Reynolda Rd., LLC v. SCI N.C. Funeral Servs., Inc.

Appeal from final judgment of N.C. Business Court interpreting the termination date of a lease; whether the court erred in determining that the lessee failed to strictly comply with the Purchase Option in the Lease Agreement.

, Court of Appeals , COA17-1101 (Judge Chris Dillon) , Published
In re: J.R.S. & Z.L.S.

Removal of parties from juvenile proceeding; N.C. Gen. Stat. § 7B-401.1; Chapter 50 custody order; Grandparent custody; visitation; Best Interest determination.