Appellate Court Opinions
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35,004 Appellate Court Opinions
Court of Appeals Published Opinions Filed November 1, 2022
Court of Appeals Unpublished Opinions Filed November 1, 2022
Barry Dean Bodenhamer v. Kelly Brown-Bodenhamer
joint legal custody with primary physical custody of twin children to Father; children's familial and educational support; findings supported by substantial evidence; unchallenged findings; no abuse of discretion in physical custody assignment
Bracey v. Murdock
motion to dismiss; equitable distribution; QDRO; motion to amend; consent order
Cash v. Cash
child support, bad faith
Coles v. Sugarleaf Labs, Inc.
Motion to Compel Arbitration; Revised Uniform Arbitration Act; Federal Arbitration Act; Interlocutory Order; Final Judgment; Appellate Jurisdiction
D.V. Shah Corp. v. Vroombrands, LLC
trial court abused its discretion by denying motion for continuance by pro se party where movant violated or apparently violated numerous local rules in noticing the hearing, failing to notice counterclaims and defenses, improperly serving a summary judgment motion, and improperly serving supporting affidavit and brief
Danny Richard Sullivan v. Triad Hosp.ity Corp. t/d/b/a Quality Inn & Suites v. Blue Diamond Poo
res ipsa loquitur; negligence; motion for summary judgement
Dep't of Transp. v. Mountain Vills., LLC
condemnation action; evidence supports the findings of fact and the findings of fact support the conclusion of law that defendant failed to meet its burden of establishing a prescriptive easement; doctrine of judicial estoppel inapplicable; plaintiff did not take a subsequent factual position that was clearly inconsistent with its earlier position
Edward Winebarger vs. Lana Steen
Child Support; Self-Employment Expenses and Income; Child Support Guidelines
Heidi M. Williams v. Div. of Emp't Sec.
Unemployment claim; dismissal of petition for judicial review; N.C. Gen. Stat. 96-15(h); jurisdictional deadline for service of petition
In re C.M.W.
Standard of Proof; Clear and Convincing Evidence
In re K.M.S.
trial court's findings of fact supported placement with non-relative following adjudications of abuse and neglect
In re M.J.
Abuse, Neglect, Dependency; Indian Child Welfare Act; Visitation
In re W.C.F.
involuntary inpatient commitment; N.C.G.S. 122C-263(b)
Koonce v. Koonce
Modification of child support, post separation support, alimony, and contempt. Change in circumstance includes prior evidence existing but unpresented.
LouEve, LLC v. Ramey
Petition for a writ of certiorari; content of notice of appeal; notice of hearing; compliance with trial court's general rules of practice; Rule 60(b); abuse of discretion
State of N. Carolina v. James Harry Hinman
failure to file supporting affidavit evincing facts showing constitutional violation constituting waiver of constitutional issues; however, assuming arguendo there was no waiver, trial court's findings and conclusions reflected correct consideration of defendant's due process arguments; use of deception by officers did not render defendant's statements involuntary; defendant did not unequivocally invoke his right to counsel; trial court did not err in submitting the case to the jury where the evidence supported the charge given to the jury
State v. Ambriz
speedy trial, motion to dismiss, trafficking, Barker v. Wingo
State v. Dontrail Lloyd
ineffective assistance of counsel; jury instructions