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 , COA20-473 (Judge John Arrowood) , Published
Fazzari v. New Hanover Reg'l Med. Ctr.

trial court properly granted all defendants' motions to exclude plaintiffs' sole standard-of-care expert witness and motions to dismiss pursuant to Rule 9(j) and for summary judgment

, Court of Appeals , COA20-879 (Judge Valerie Zachary) , Published
In re: K.M.

temporary suspension of supervised visitation; COVID-19; costs of visitation

, Court of Appeals , COA20-745 (Judge John Tyson) , Published
Richardson v. The Goodyear Tire & Rubber Co.

Worker's Compensation; NCGS 97-25(f); NCGS 97-2(19); NCGS 97-88.1; frivolous appeal; medical compensation; attorney's fees; abuse of discretion; cross appeal.

, Court of Appeals , COA20-575 (Judge Allegra Collins) , Published
State v. Gibson

insufficient evidence of every essential element for the offense of breaking or entering a motor vehicle

, Court of Appeals , COA20-273 (Judge Richard Dietz) , Published
State v. Lance

Arson; motion to dismiss; application of requirement that defendant burned the dwelling house of another where other inhabitant was co-conspirator in arson plan; admission of expert testimony on fire investigation and cause of fire; Rule 702 reliability determination; jury instructions on insurance fraud; plain error; sufficiency of evidence to support restitution

, Court of Appeals , COA20-452 (Judge Allegra Collins) , Published
State v. McKoy

Admissibility of lay witness identifications, Rule of Evidence 701; sufficient evidence of felony larceny; restitution, N.C. Gen. Stat. 15A-1340.34, N.C. Gen. Stat. 1340.36, review of ability to pay prior to ordering restitution.

, Court of Appeals , COA19-962-2 (Judge Chris Dillon) , Published
Benson v. Prevost

easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet

, Court of Appeals , COA19-976 (Judge Richard Dietz) , Published
C Invs. 2, LLC v. Auger

Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction

, Court of Appeals , COA20-545 (Judge John Arrowood) , Published
DiPrima v. Vann

trial court erred by (1) failing to make findings of defendant's intent before entering no-contact order; (2) considering conduct that did not occur in NC; and (3) basing its order on incidents when defendant was not sixteen years of age

, Court of Appeals , COA20-405 (Judge John Tyson) , Published
Exec. Off. Park of Durham Ass'n, Inc. v. Rock

Non-judicial power of sale foreclosure; order of sale; redemption payment; fees, fines and interest; NC Unit Ownership Act NCGS sec. 47A; NC Condominium Act NCGS sec. 47C.

, Court of Appeals , COA20-399 (Judge Tobias Hampson) , Published
Miller v. Carolina Coast Emer. Physicians, LLC

Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. 90-21.12; Summary Judgment

, Court of Appeals , COA20-382 (Judge John Tyson) , Published
Murray v. Deerfield Mobile Home Park

Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest.

, Court of Appeals , COA20-326 (Judge Darren Jackson) , Published
State v. Garrett

indictment alleging possession and transportation of Fentanyl alleged possession and transportation of opiate qualifying as a schedule II controlled substance; no plain error existed where trial court communicated the essence of the deadlocked jury instructions but did not recite statutory language verbatim

, Court of Appeals , COA20-241 (Judge Tobias Hampson) , Published
State v. Mack

Rule 404(b); Plain error; Sexually violent offenses; SBM

, Court of Appeals , COA20-343 (Judge Jeff Carpenter) , Published
State v. McSwain

Motion to dismiss; sufficiency of the evidence; forgery of a check; uttering a false check; falsity element; authority to sign; illustrative evidence

, Court of Appeals , COA20-291 (Judge Darren Jackson) , Published
State v. Parker

probable cause supported officer's search of vehicle where officer smelled what he believed was marijuana and passenger admitted smoking marijuana recently and produced marijuana from his person; there was no error in jury instructions stating that Cyclopropylfentanyl and N-ethylpentylone were controlled substances where evidence was contradicted that substances were chemical analogues or derivatives of listed controlled substances

, Court of Appeals , COA20-541 (Judge Valerie Zachary) , Published
State v. Spinks

constitutional right to a speedy trial; mistrial based on juror misconduct; statutory right to effective counsel in SBM proceedings