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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15,923 Appellate Court Opinions

, Court of Appeals , COA22-305 (Judge Richard Dietz) , Published
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

, Court of Appeals , COA22-423 (Judge Lucy Inman) , Published
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

, Court of Appeals , COA22-185 (Judge Valerie Zachary) , Published
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

, Court of Appeals , COA21-671 (Judge April Wood) , Published
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.

, Court of Appeals , COA22-377 (Judge Tobias Hampson) , Published
In re: B.M.T.

Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601

, Court of Appeals , COA21-694 (Judge John Tyson) , Published
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;

, Court of Appeals , COA22-172 (Judge Lucy Inman) , Published
In re: Moretz

Foreclosure; Appellate Rule Violations; Dismissal

, Court of Appeals , COA21-716 (Judge John Tyson) , Published
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;

, Court of Appeals , COA22-455 (Judge Allegra Collins) , Published
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

, Court of Appeals , COA22-186 (Judge Tobias Hampson) , Published
Paxton v. Owen

Undue Influence; Summary Judgment; Caveat Proceeding

, Court of Appeals , COA22-588 (Judge Darren Jackson) , Published
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

, Court of Appeals , COA22-348 (Judge John Tyson) , Published
State v. Mackey

Forgery;
Uttering;
Obtaining Property by False Pretenses;
Fatal Defect;
Fatal Variance;
Motion to Dismiss;
Unpreserved Issues on Appeal;
Sufficiency of the State's evidence under State v. Golder, 374 N.C. 238, 246, 839 S.E.2d 782, 788 (2020);
Statutory Right to Recordation;
N.C. Gen Stat. ? 15A-1241;
Private Bench Conferences;

, Court of Appeals , COA20-839 (Judge Darren Jackson) , Published
State v. Monroe

statute authorizing punishment of second-degree murder as a class B1 felony under two of three definitions of malice was not ambiguous, and sentencing defendant as a B1 felony offender was not error where jury unanimously found by special verdict form that all three forms of malice had been proven by the state

, Court of Appeals , COA22-354 (Judge Allegra Collins) , Published
State v. Scarboro

no plain error where trial court defined sexual act to include disjunctive acts

, Court of Appeals , COA22-257 (Judge April Wood) , Published
State v. Smith

Hearsay; Confidential informant; Surveillance video; Computer-generated time and date-stamp on video; Plain error; Computer records.

, Court of Appeals , COA21-651 (Judge John Tyson) , Published
Sullivan v. Woody

Grandparent Visitation;
Attorney's Fees under N.C. Gen. Stat. § 50-13.6;
Appellate Attorney's Fees under Rule 34 of the North Carolina Rules of Appellate Procedure;
Prior Appeal;
State Bar Rule 1.5;
Required Finding of Fact;
Failure to Follow Mandate on Remand;