Appellate Court Opinions
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35,004 Appellate Court Opinions
Court of Appeals Unpublished Opinions Filed August 2, 2022
Ashe Cty. v. Ashe Cty. Plan. Bd.
land use regulation; permit choice statutes do not apply unless a complete application for a land use approval has been submitted and did not apply where complete application was not submitted until after moratorium prohibiting requested use was adopted, but before ordinance under which land use was requested was repealed and replaced by new, more onerous ordinance; moratorium statute in effect at the time moratorium when into effect had exemptions, none of which were applicable to moratorium at issue, so moratorium barred approval of land use application during its duration; proposed asphalt plant did not qualify as an approvable use of land under relevant ordinance because of its proximity to two commercial buildings; inconsistencies between representations in two permit applications supported inference of deceptive intent
Asher v. Honeycutt
premises liability; negligence per se; common-law negligence; landlord; lawful visitor
Berens v. Berens
child support obligation, retroactive modification of past child support obligations, parental income calculation
Clean N Dry, Inc. v. Edwards
trial court did not abuse its discretion in denying defendant's motion to amend complaint for apparent reason of undue delay and where amendment would have unduly prejudiced plaintiff
Cromartie v. Goodyear Tire & Rubber Co., Inc.
North Carolina Industrial Commission; compensable injury; dispute ripe; remand for additional findings about Plaintiff's disability status; suitable employment
Gray v. E. Carolina Med. Servs., PLLC
Rule 9(j); trial court erred in dismissing complaint for failure to substantively comply with Rule 9(j); Rule 702(b)(1)b.; reasonable for plaintiff to expect proffered expert to qualify as an expert; Rule 702(b)(2);
Hill v. Durrett
Void marriage, annulment, hearsay, judicial estoppel, equitable estoppel
In re D.C.
Termination of parental rights; Neglect; Willful failure; Domestic violence; Parental capacity assessment; Sexual abuse; Mental health; Juvenile; Substance abuse; Visitation; Foster care; N.C. Gen. Stat. § 7B-1111(a)(2); Adjudication; Basic needs; Reasonable progress; Behavioral health; Relationships; DSS; Contact; GAL; Anger management; Parenting class.
In re D.E.G.
3.1; termination of parental rights; no-merit brief
In re D.L.B.
Rule 3.1(e); no-merit brief; independent review of the record; termination of parental rights; best interest of the children; sufficient findings of fact and conclusions law; no abuse of discretion; no reversible error.
In re F.C.H.
Termination of Parental Rights; Insufficient Evidence; Repetition of Neglect; Willful Abandonment; Record on Appeal
In re J.M.L.
Rule 3.1(e); No-Merit Brief; Termination of Parental Rights
In re J.T.
Termination of parental rights, challenge to disposition, findings of fact, supported or unchallenged binding
In re L.C.
termination of parental rights; hearsay; neglect
In re N.G.
Permanency planning; guardianship; application of appropriate legal standard; best interests; verification of financial resources and understanding of legal significance of guardianship; waiver of further review; required findings of fact
In re P.A.B.
guardianship; constitutionally protected parental status; visitation; hearing waiver; reunification
In re S.S.
Termination of parental rights, financial contribution, due process.
In re T.M.
Termination of parental rights
Familial priority
N.C. Gen,. Stat. § 7B-903(a1)
In re: A.N.S., Jr.
termination of parental rights; unchallenged findings of fact support conclusion of law that juvenile was neglected;