Appellate Court Opinions
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15,488 Appellate Court Opinions
State v. Wilkinson
Solicitation of child by computer, motion to dismiss, sufficient evidence.
Court of Appeals Published Opinions Filed February 21, 2023
Chociej v. Richburg
domestic violence; DVPO; assault; attempted assault; personal relationship.
First Recovery, LLC v. Unlimited Rec-Rep, LLC
Collateral Estoppel, Summary Judgment
Gilliam v. Foothills Temp. Emp't
appeal dismissed where assignments of error on appeal to IC were not stated with particularity; Opinion and Award vacated and remanded where average weekly wage was calculated based on date of death rather than date Decedent would have ceased working for employer
Guerra v. Harbor Freight Tools
Failure to preserve for appellate review; pro se; N.C. R. App. 10; jurisdictional defect; appellate rule violations.
O'Neal v. Burley
Limited partnership agreement; general partnership; judicial dissolution and wind up; classification, allocation, and distribution of partnership assets; North Carolina Uniform Partnership Act; unchallenged findings of fact; unsupported conclusions of law.
State v. Black
Restitution; N.C. Gen. Stat. § 15A-1340.36(a)
State v. Lytle
probation revocation hearing; N.C.G.S. 15A-1344(f); finding of good cause; reasonable efforts to hold revocation hearing prior to the expiration of probationary term.
State v. Miller
trial court erred by closing courtroom without making sufficient findings of fact and by denying motion to dismiss violation of local ordinance where the charging documents did not include the caption and the ordinance was not proven at trial
State v. Palacio
no new trial where transcript for one day of the proceedings is missing; incest conviction vacated because a niece by affinity is not a niece for purposes of incest as criminalized by N.C. Gen. Stat. § 14-178; trial court did not err by denying motion to suppress; remanded for correction of clerical error where judgment included previously dismissed conviction.
Yves v. Tolentino
Motion to dismiss, Perfecting service, Service of process, Statutes of limitations, Rule 4
Court of Appeals Published Opinions Filed February 7, 2023
Abbott v. Abernathy
easement; abandonment; overburdening; dedication for public use; standing; appellate preservation
Bassiri v. Pilling
motion to dismiss; subject-matter jurisdiction; alienation of affections
In re: A.H.D., V.I.D.
willful failure to pay child support, sufficiency of petition, standard of proof
In re: Custodial L. Enforcement Agency Recordings
Request for release of custodial law enforcement agency recordings under N.C. Gen. Stat. 132-1.4A(g) must file a civil action, not a form petition.
In re: Z.J.W.
Termination of Parental Rights; Ex Parte Communications; Procedural Due Process
Janu Inc v. Mega Hospitality, LLC
Motions to Dismiss;
Failure to State a Claim Rule 12(b)(6);
Personal Jurisdiction Rule 12(b)(6);
Notice;
Irregular Judgment;
General Appearance;
Waiver;
Attorney's Fees Prevailing Party;
Seeking Affirmative Relief;
JRM, Inc. v. The HJH Cos., Inc.
Arbitration Agreement;
Interlocutory Orders;
Substantial Right;
Burden of Proof;
Untimely Affidavit;