Appellate Court Opinions
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15,488 Appellate Court Opinions
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
In re: K.M.
temporary suspension of supervised visitation; COVID-19; costs of visitation
NC Farm Bureau Mut. Ins. Co., Inc. v. Lanier L. Grp., P.A.
Declaratory judgment by insurer; personal injury lawsuits; duty to defend; US Driver's Privacy Projection Act; construing insurance policies; defined terms; plain meaning.
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.
State v. Gibson
insufficient evidence of every essential element for the offense of breaking or entering a motor vehicle
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
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 Published Opinions Filed May 18, 2021
Belmont Ass'n, Inc. v. Farwig
N.C. Gen. Stat. 22B-20; restrictive covenant; summary judgment; statutory interpretation.
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
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
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
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.
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
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.
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
State v. Mack
Rule 404(b); Plain error; Sexually violent offenses; SBM
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
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
State v. Spinks
constitutional right to a speedy trial; mistrial based on juror misconduct; statutory right to effective counsel in SBM proceedings