Appellate Court Opinions
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15,488 Appellate Court Opinions
Duke Energy Carolinas, LLC v. Kiser
Easement; quiet title; cloud upon title; Federal Energy Regulatory Commission License; FERC license; fee simple; contract; easement agreement; easement appurtenant; easement in gross; excessive use; Restatement of Property; third-party property rights; interlocutory appeal; summary judgment; scope of authority under easement; eminent domain; navigability; navigable waters; navigable-in-fact; riparian rights; public trust doctrine; artificial waters
In re: W.C.T., W.J.A.T., W.D.T.
Abuse, neglect, and dependency; sufficiency of findings; limitation of parental visitation; constitutionally protected status as parent; waiver of constitutional issue
Leary v. Anderson
Sale of property; competency; special proceeding pending; summary judgment for buyer; NCGS 32C-1-104- power of attorney; NCGS 32C-1-105- execution of power of attorney; NCGS 32C-1-106- validity of power of attorney.
Locklear v. NC Dep't of Agric. & Consumer Servs.
career state employee, unacceptable personal conduct case, just cause
Sharpe-Johnson v. NC Dep't of Pub. Instruction E. NC Sch. for the Deaf
dismissal of career state employee with just cause, substantial evidence in the whole record supported administrative law judge's findings.
State v. Campbell
Rule 2, structural error, new trial
State v. Heggs
Structured Sentencing Act; aggravating factors; evidence supporting aggravating factors; aggravated sentence; discretion of trial court; plea agreement; prejudicial error
State v. Neal
Jury instructions; constructive possession; possession of firearm by a felon; PFF; attempted first-degree murder; speedy trial; speedy appeal; Barker factors
State v. Sander
Competency to Stand Trial; Petition for Writ of Certiorari; Ineffective Assistance of Counsel
Court of Appeals Published Opinions Filed October 5, 2021
Ayers v. Currituck Cty. Dep't of Soc. Servs.
De novo just cause determination for disciplinary action taken against career State employee; whole record test; necessary factors for agency consideration in determining appropriate disciplinary action against career State employee.
Bouvier v. Porter
Absolute Privilege; Quasi-Judicial Proceeding; Defamation
Butterfield v. Gray
Appeal of interlocutory order denying motions for summary judgment; right to immediate appeal of order denying summary judgment on defense of governmental immunity; governmental immunity concerning actions of sheriff, sheriff?s detention officers, and county in operating county detention facility; waiver of governmental immunity.
Guilford Cty. v. Mabe
interlocutory, substantive right, paternity
Hull v. Brown
alienation of affection; criminal conversation; negligent infliction of emotional distress; intentional infliction of emotional distress; interlocutory appeal; NCGS 1A-1, Rule 42(b)(4); NCGS 1-267.1; NCGS 1-81.1; NCGS 1-277(a); NCGS 52-13.
Milone & MacBroom, Inc. v. Corkum
Supplemental Proceedings and Subject-Matter Jurisdictions
Mole v. The City of Durham
Due Process, Equal Protection, Fruits of labor, Public Employee
Nation Ford Baptist Church, Inc. v. Davis
Ecclesiastical abstention doctrine, neutral principles of law, subject matter jurisdiction, Rule 12(b)(1) motion to dismiss
Podrebarac v. Horack, Talley, Pharr & Lowndes, P.A.
Summary judgment, legal malpractice, settlement agreement, notarized, agreement to agree, binding agreement, material terms, statute of limitations, latent discovery.
State v. Brown
grant Defendant's petition for writ of certiorari; probation revocation based on absconding; N.C. Gen. Stat., Sec. 15A-1343(b)(3a); competent evidence; waiver of State's presentation of evidence by in-court admission of the violations alleged; affirm activation of sentence; remand for clerical errors in judgment