Appellate Court Opinions
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15,488 Appellate Court Opinions
State v. Reavis
Locational elements of criminal offenses, misdemeanor statement of charges, weapon at a demonstration.
State v. Taylor
Lay Witness Identification; Motion to Dismiss; Sufficiency of the Evidence; Plain Error; Right Against Self-Incrimination
State v. Wilkins
Statutory competency hearing under N.C. Gen. Stat. 15A-1002; distinction between nonwaivable constitutional competency issues and waivable statutory competency issues
Taylor v. Bank of Am., N.A.
motion to dismiss; Home Affordable Mortgage Program; statute of limitations; fraud; date of discovery; question of fact; jury question
Terry v. Pub. Serv. Co. of N.C., Inc.
negligence; negligence per se; warranty of habitability; residential rental agreements act; plaintiff's forecast was sufficient to create jury question as to whether failure to inspect home over 11-year period was reasonable
Wright Constr. Servs., Inc. v. Liberty Mut. Ins. Co.
Attorney-client privilege, interstate subpoena, subject matter jurisdiction.
Court of Appeals Published Opinions Filed December 20, 2022
Autry v. Bill Clark Homes, LLC
Statute of Repose; Negligence; Punitive Damages
Devore v. Samuel
Contribution and indemnity claims against school board in bus negligence case; limited waiver of governmental immunity; Tort Claims Act; Rule 14 of the Rules of Civil Procedure; N.C. Gen. Stat. 1B-1(h); statutes strictly construed against waiver of governmental immunity
Dillree v. Dillree
incompetent spouse; powers of general guardian; equitable distribution claim; legal separation; subjective intent; statutory interpretation; motion to dismiss; lack of subject matter jurisdiction; N.C. Gen. Stat. Sections 50-20, 50-22, 35A-1202, 35A-1241, 35A-1251
Duffy v. Camp
summary judgment; derivative claims; fiduciary duty of officer to corporation; fiduciary duty of majority shareholders to minority shareholder; tradename infringement; conversion; unjust enrichment; unfair and deceptive trade practices; civil conspiracy
Expert Discovery, LLC v. AT&T Corp.
North Carolina False Claims Act; Qui tam action; 911 Service fees; Rule 12 dismissals; First-to-File Rule; N.C. Gen. Stat. § 1-608(b)(5); N.C. Gen. Stat. § 1-610; N.C. Gen. Stat. § 143B-1403(a); S.B. 99; S.B. 335; Retroactive application of legislation; Vested right; Inchoate right; Relator.
In re: B.M.T.
Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601
In re: E.B.
Involuntary commitment;
Appellate review;
N.C. Gen. Stat. § 122C-3(11)(a)(1)-(II);
Standard of review;
Presumptions;
Burden of proof;
In re: Moretz
Foreclosure; Appellate Rule Violations; Dismissal
In re: The McClatchy Co., LLC
Law enforcement recordings;
N.C.G.S. § 132-1.4A;
Threshold showing of entitlement;
Restrictions;
Not public or personnel records;
Lackey v. City of Burlington
Motion to Dismiss; Adverse Possession; Estoppel
Moschos v. Moschos
plaintiff abandoned 12(b)(1) argument; intentional infliction of emotional distress claim properly dismissed because plaintiff failed to allege that he suffered severe emotional distress
Paxton v. Owen
Undue Influence; Summary Judgment; Caveat Proceeding
State v. Adams
trial court erred by conditioning driving while impaired defendant's transfer from supervised to unsupervised probation on the passage of a certain amount of time