Appellate Court Opinions
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15,488 Appellate Court Opinions
In re: C.H.M.
Adoptions NCGS Chapter 48; parental rights; biological father; Due Process; duty to support
In re: Magestro
Will Caveat; Declaratory Judgment; Mootness
Maddukuri v. Chintanippu
Stipulations for settlement and withdrawal of consent.
Parks v. Johnson
declaratory judgment; will interpretation; former spouse; decedent's siblings; North Carolina General Statutes Sections 31-5.4, 31-42(b); testator's intent; unfulfilled condition precedent; residuary devise; intestacy; reversed
Snow Enter., LLC v. Bankers Ins. Co.
bail bonds; quasi-estoppel; unjust enrichment; criminal defendant was estopped from recovering return of bond premium where defendant received the benefit of a re-written bond without notifying surety within a reasonable amount of time that defendant wanted return of bond premium rather than benefit of re-written bond, for which no premium was charged
State v. Essick
N.C. Gen. Stat. 15A-1340.17(f); statutory sentence enhancements; habitual felon; reportable convictions; sex-offender registry; unauthorized term of imprisonment
State v. Graham
Probation revocation; NCGS 15A-1344(a).
State v. Guin
Harbison error, implied concession of guilt, admission of facts not whole charges, jury instruction, lesser-included offenses, sufficiency of evidence, kidnapping, evidence of confinement distinct from concurrent assault
State v. Hales
Pro se defendant-appellant; violation of a local ordinance, N.C. Gen. Stat. 14-4; trial court's improper application of statutory sentencing requirements; motion to dismiss for selective prosecution; motion to suppress evidence.
State v. Julius
Motion to suppress, 4th amendment search; identity of driver; probable cause; reasonable suspicion; search incident to arrest; jury instructions.
State v. Pettiford
Probation; revocation; misdemeanor breaking or entering; competent evidence; and abuse of discretion.
Court of Appeals Published Opinions Filed February 15, 2022
Bryant v. Wake Forest Univ. Baptist Med. Ctr.
medical malpractice; object left in body during surgery; summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient; res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony; summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment; punitive damages claim failed where all other claims did not withstand summary judgment
Cty. of Mecklenburg v. Ryan
Service of process; notice; due diligence; real property; good faith purchaser; tax lien; tax collector; right of redemption; redemption; disability; email; petition for writ of certiorari; default judgment; confirmation of sale; upset bids; foreclosure; commissioner's deed; N.C. Gen. Stat. § 105-361; restitution
Dep't of Transp. v. Bloomsbury Est., LLC
Summary judgment; motion to consolidate; expert opinion of valuation; NCGS 47C-117(b); NCGS 47C-1-107; NCGS 1A-1, Rule 42(a); NCGS 136-108.
Dow-Rein v. Sarle
Personal jurisdiction; specific jurisdiction; sufficiency of contacts; purposeful availment
Mahone v. Home Fix Custom Remodeling
Industrial Commission; Workers' Compensation Act; legal standard for determining compensability of injury; attendant care benefits; Workers' Compensation Rule 614; discovery sanctions.
Medina v. Medina
Sua sponte; Rule 60(b)(1); Parenting Coordinator; Writ of Certiorari; de novo; N.C. Gen. Stat. § 50-99, N.C. Gen. Stat. § 50-92.
State v. Green
first-degree murder; voluntary intoxication; admission of real evidence
State v. Shuler
Right to remain silent; defense of duress; constitutional error; remand from Supreme Court; harmless beyond a reasonable doubt; no comment by State during closing.