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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15,497 Appellate Court Opinions

, Court of Appeals , COA19-1089 (Judge Richard Dietz) , Published
Wright Constr. Servs., Inc. v. The Hard Art Studio, PLLC

Negligence claims by builder against architect or engineer; applicability of licensure defense, for failing to obtain general contracting license, to negligence claims against architects or engineers

, Supreme Court , 249PA19 (Justice Sam Ervin IV) , Published
Ashe Cnty. v. Ashe Cnty. Plan. Bd.

Whether the Court of Appeals properly determined that an interlocutory assessment of a local government staff member constituted a final, binding decision; whether the Court of Appeals rendered impermissible advisory opinions; whether a moratorium on a local permitting ordinance constitutes grounds to deny a permit application submitted prior to the enactment of the moratorium; whether the Planning Board exceeded its authority; and whether the Court of Appeals misapplied the law.

, Supreme Court , 315PA18-2 (Justice Sam Ervin IV) , Published
Cooper v. Berger

Constitutional Law; Whether the Governor or the General Assembly has the authority to determine the manner in which monies derived from certain federal block grant programs should be disbursed.

, Supreme Court , 407A19 (Justice Michael Morgan) , Published
Crescent Univ. City Venture, LLC v. Trussway Mfg., Inc.

Whether, under North Carolina law, a commercial property owner who contracts for the construction of a building with a general contractor may seek to recover through a tort action against a subcontracted manufacturer of building materials for economic loss when the commercial property owner and subcontractor were not in contractual privity.

, Supreme Court , 156A17-2 (Justice Sam Ervin IV) , Published
DiCesare v. Charlotte-Mecklenburg Hosp. Auth.

Whether all quasi-municipal corporations are exempt from liability pursuant to Chapter 75; whether a showing that an entity possesses a fifty percent market share is sufficient to survive a motion for judgment on the pleadings with respect to a claim asserting unlawful monopolization in violation of Article I, Section 34 of the North Carolina Constitution.

, Supreme Court , 319A19 (Justice Anita Earls) , Published
In re A.L.L.

Whether the trial court erred in concluding that grounds existed to terminate the parental rights of a severely mentally ill mother.

, Supreme Court , 276A19 (Justice Robin Hudson) , Published
In re B.L.H.

Must an order terminating parental rights expressly state that findings were based on 'clear, cogent, and convincing evidence' if the trial court so states in open court.

, Supreme Court , 65A20 (Per Curiam) , Published
In re Clontz

Review of recommendation for public reprimand by the Judicial Standards Commission.

, Supreme Court , 343A19 (Justice Cheri Beasley) , Published
In re J.D.

Appeal from a decision of the Court of Appeals holding that the trial court erred by: (1) denying the juvenile's motion to dismiss second-degree sexual exploitation of a minor; (2) denying the juvenile's motion to dismiss first-degree forcible sexual offense; (3) allowing the admission of codefendants' statements; (4) entering a Level 3 disposition; and (5) denying the juvenile's motion for release while his appeal was pending.

, Supreme Court , 430A19 (Justice Sam Ervin IV) , Published
In re J.J.H.

Appeal from order terminating parental rights under N.C.G.S. 7B-1111(a)(1); whether there was likelihood of a repetition of neglect to support termination on grounds of neglect; whether the trial court erred in its best interests determination.

, Supreme Court , 356A19 (Justice Sam Ervin IV) , Published
In re K.M.W.

Whether the trial court abused its discretion by allowing counsel to withdraw; whether the trial court erred by failing to conduct the necessary inquiry prior to allowing respondent-mother to proceed in a termination proceeding pro se following counsel's withdrawal.

, Supreme Court , 396A19 (Per Curiam) , Published
In re Murphy

Review of recommendation for censure.

, Supreme Court , 268A19 (Justice Mark Davis) , Published
In re R.D.

Appeal from order dismissing petition to terminate parental rights; admissibility of the guardian ad litem's opinion regarding best interests of the child; right to cross-examine a witness at disposition stage; reversible error in dispositional findings of fact.

, Supreme Court , 458A19 (Justice Michael Morgan) , Published
In re W.K.

Termination of parental rights for grounds stated in N.C.G.S. 7B-1111(a)(1), (2); sufficiency of performance of respondent's guardian ad litem appointed under N.C.G.S. 1A-1, Rule 17 and N.C.G.S. 7B-1101.1(d).

, Supreme Court , 383A19 (Justice Michael Morgan) , Published
Newman v. Stepp

Whether the trial court erred by allowing defendants' motion under N.C.G.S. 1A-1, Rule 12(c) and Rule 12(b)(6) to dismiss plaintiffs' claim for negligent infliction of emotional distress; whether the Court of Appeals erred by reversing the order of the superior court allowing defendants' motion for judgment on the pleadings.

, Supreme Court , 241PA19 (Justice Paul Newby) , Published
Parkes v. Hermann

Whether a patient failed to show, more likely than not, that physician's negligence caused her diminished neurological function, and whether patient's 'loss of chance' at a better result following a stroke was not a separate type of injury for which she could recover in medical malpractice negligence action.

, Supreme Court , 300A93-3 (Justice Anita Earls) , Published
State v. Best

Defendant, convicted of first-degree murder, argues in a postconviction proceeding that the State failed to disclose exculpatory evidence.

, Supreme Court , 189A19 (Justice Robin Hudson) , Published
State v. Chandler

Whether a trial court lacked discretion to reject defendant's plea pursuant to N.C.G.S. 15A-1023(c); whether defendant's arguments regarding the guilty plea were automatically preserved for appellate review.