Appellate Court Opinions
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15,923 Appellate Court Opinions
Thiagarajan v. Jaganathan
notice of appeal; Appellate Rule 3(c)(1); computation of time
Court of Appeals Published Opinions Filed May 2, 2023
Baker v. Reinhardt
Summary Judgment; Worker's Compensation Act; Subject Matter Jurisdiction; Willful, Wanton and Reckless Negligence.
Brewer v. Rent-A-Ctr.
Compensable injury; Parsons presumption; Competent evidence; Credibility; Weigh evidence; Form 63; Industrial commission; Burden of proof; Burden of production; Expert evidence; Expert testimony; Speculation.
Brown v. Brown
equitable distribution; marital property; military pension; bankruptcy discharge; N.C.G.S. 50-19.1
Chahdi v. Mack
Doctrine of sudden emergency; negligence; brake failure; static conditions; jury instructions; immediate action to avoid injury; prejudicial error; prudent man standard; substantial evidence; N.C. R. App. P. Rule 3(d) appellate review; unpreserved; interlocutory Order; final Judgment
In re: K.C.
Non-offending parent; Initial removal of child from custody of parent; Parent's paramount constitutional right to custody; Disposition hearing; Socioeconomic factors.
In re: N.D.M.
termination of parental rights; ICWA; active efforts;
Marlow v. TCS Designs, Inc.
interlocutory, substantial right, motion to dismiss, exclusivity provision, Workers' Compensation Act, arising out of employment, motion to stay, Fifth Amendment privilege
Pugh v. Howard
Confederate monuments; Rule 12(b)(1); Rule 12(b)(6); standing
State v. Cannon
Motion to suppress; Warrantless blood draw; Exigent circumstances; Motion to dismiss; Totality of the circumstances; Appreciable impairment; Aggravated felony serious injury by vehicle; Impaired driving; N.C. Gen. Stat. § 20-141.4; N.C. Gen. Stat. § 20-138.1.
State v. Chisholm
felonious speeding to elude arrest; motion to dismiss; substantial evidence; reasonable opportunity to observe speed.
State v. Lamb
motion to suppress; scope of cross-examination; waiver; invited error
Torres v. City of Raleigh
Governmental immunity, personal jurisdiction, four procedural postures, full evidentiary hearing, proprietary or governmental mission or purpose of employee, mission or purpose determined by duty assigned
Welch v. Welch
A motion for a DRO after entry of a distribution award is not barred by the statute of limitations on actions upon judgments; Domestic relations order; Qualified domestic relations order; IRA; ERISA; N.C. Gen. Stat. § 50-20.1; Equitable distribution order; Statute of Limitations; Post-judgment order.
Supreme Court Opinions Filed April 28, 2023
Cmty. Success Initiative v. Moore
Whether the trial court erred in holding that N.C.G.S. 13-1, the statute providing for the restoration of voting rights to eligible felons, violates the Equal Protection Clause, the Property Qualifications Clause, and the Free Elections Clause of the North Carolina Constitution.
Duke Energy Carolinas, LLC v. Kiser
Whether an easement granting Duke Energy an interest in Lake Norman vested Duke Energy with the right to permit third-party homeowners to build structures over and into the submerged easement property and use the waters for recreational purposes.
Galloway v. Snell
Whether the Court of Appeals erred by holding that a settlement agreement was ambiguous and by reversing the trial court's summary judgment order.
Harper v. Hall
On petition for rehearing, whether the three-judge panel properly applied this Court's standards from Harper I in assessing the General Assembly's remedial redistricting plans and, more fundamentally, whether partisan gerrymandering claims are justiciable under the North Carolina Constitution.