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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15,488 Appellate Court Opinions

, Court of Appeals , COA20-885 (Judge Lucy Inman) , Published
State v. Carter

reasonableness of lifetime satellite-based monitoring; recidivist; sex offenses with a child under thirteen; Defendant's Fourth Amendment privacy interests balanced against State's interests and declared efficacy of SBM; totality of circumstances; amendments to SBM laws; Session Law 2021-138, sec. 18(i) and S.L. 2021-182, sec. 2(e) (collectively to be codified at N.C. Gen. Stat. § 14-208.46).

, Court of Appeals , COA20-665 (Judge April Wood) , Published
State v. Hicks

Aggressor doctrine; self-defense; plain error; jury instructions; exhibits.

, Court of Appeals , COA21-687 (Judge Allegra Collins) , Published
State v. Ingram

Sufficient evidence of driving while intoxicated, N.C. Gen. Stat. 20-138.1(a)

, Court of Appeals , COA16-631 (Judge Lucy Inman) , Published
State v. Williamson

motion to dismiss second-degree murder charge; knowingly driving while impaired, when combined with evidence of reckless driving or behavior, may constitute malice; motion for appropriate relief; recanted testimony; privilege against self-incrimination; U.S. Const. Fifth and Sixth Amendments; testimony subject of direct examination as opposed to collateral matters; the trial court may strike testimony in whole or in part or compel witness to testify

, Court of Appeals , COA21-274 (Judge Allegra Collins) , Published
Turner v. Oakley

Jurisdiction to modify child custody order; challenged finding of fact supported by substantial evidence; trial court assessed whether a substantial change in circumstances affected the child's welfare and whether modification of custody was in the child's best interests; no abuse of discretion in modification of custody.

, Court of Appeals , COA21-269 (Judge John Tyson) , Published
Barrington v. Dyer

Will contest; Rule 12(b0(6); res judicata; gatekeeping order factors; attorney's fees factors; award of attorney fees on appeal.

, Court of Appeals , COA20-827 (Judge Allegra Collins) , Published
Brady v. Brady

alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award

, Court of Appeals , COA21-98 (Judge Chris Dillon) , Published
Bryan v. Kittinger

Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion.

, Court of Appeals , COA21-219 (Judge Allegra Collins) , Published
Cauley v. Bean

Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress.

, Court of Appeals , COA21-329 (Judge Tobias Hampson) , Published
Daedalus, LLC v. City of Charlotte

Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari

, Court of Appeals , COA21-346 (Judge Fred Gore) , Published
Foxx v. Foxx

Subsequent appeal, modification of equitable distribution, and findings of fact

, Court of Appeals , COA20-864 (Judge Donna Stroud) , Published
Hall v. Wilmington Health, PLLC

COVID-19, interlocutory, substantial right, due process, right to retained counsel, moot, preservation

, Court of Appeals , COA21-357 (Judge Darren Jackson) , Published
In re: Pop Capitol Towers, LP

property tax commission; appeals to property tax commission were untimely and commission lacked jurisdiction because notices of appeal were not postmarked or received within 30 days after taxpayers' receipt of notices of decision

, Court of Appeals , COA21-60 (Judge April Wood) , Published
Moss v. N.C. Dep't of State Treasurer

Transitional Disability Benefits; Cost of Living Adjustments; Social Security Offset Amount; Rule 12(b)(6); Motion to Dismiss; Administrative Law Judge; De Novo; Rule 12(b)(1); Chapter 135; N.C. Gen. Stat. § 135-112; N.C. Gen. Stat. § 135-9; N.C. Gen. Stat. § 143-64.80; Contract; Judicial Review; N.C. Gen. Stat. § 150B-51; Administrative Agency; Whole Record Standard of Review; Bank Account Statements; Collateral Estoppel

, Court of Appeals , COA21-515 (Judge John Tyson) , Published
Osborne v. Redwood Mountain, LLC

Prior appeal; declaratory judgment; prescriptive easement; motions to dismiss, Rules 12(b)(6), 12(g), 12(h)(2); summary judgment, Rule 56, prescriptive easement.

, Court of Appeals , COA21-204 (Judge Jeff Carpenter) , Published
Preston v. Preston

alimony; interlocutory; substantial right; Rule 11 sanctions; absolute divorce

, Court of Appeals , COA21-403 (Judge Tobias Hampson) , Published
Rosenthal Furs, Inc. v. Fine

Rule 3.7 of the NC Rules of Professional Conduct; Necessary Witness; Witness-Advocate Rule; Lawyer's right to appear pro se