Appellate Court Opinions
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35,004 Appellate Court Opinions
In re: R.A.F. & R.G.F., IV
N.C. Gen. Stat ? 7B-1108.1; Notice of Termination hearing; Adequate inquiry; Right to counsel; N.C. Gen. Stat. ? 7B-1106(a)(1); N.C. Gen. Stat. ? 7B-1101.1; Appearance; Withdrawal; Fundamental fairness; Parental rights; Termination of Parental Rights; TPR; Contact; Motion to extend time.
Izzy Air, LLC v. Triad Aviation, Inc.
Unfair and Deceptive Trade Practices Act; UDTP; N.C. Gen. Stat. 75-1.1; N.C. Gen. Stat. 1-21; UDTP cause of action arose outside of state such that borrowing provision applied; no error in dismissing action for failure to state a claim; Rule 12(b)(6)
Kinsley v. Ace Speedway Racing, Ltd.
Abatement of mass gatherings during pandemic, 12(b)(6) dismissal, constitutional claims, sovereign immunity, right to fruits of own labor, selective enforcement
Smith v. Greenwald
Interlocutory appeal; incorrect statement of grounds for appellate review; lack of appellate jurisdiction
State v. Christenson
Assault by strangulation; motion to dismiss; sufficient evidence of physical injury
State v. Joyner
Exploitation of a disabled or elderly person while in a business relationship; Obtaining Property by False Pretenses; Confrontation Clause; Cross-examine; Opportunity to cross-examine; Hearsay, Hearsay exception; N.C. Gen. Stat. ? 8C-1, Rule 804; Witness unavailable; Former testimony; Crawford; Testimonial statements; No-Contact Order; Absent from trial; Due Process; Sixth Amendment; Right to inspect; Weatherford.
State v. McDougald
Violent Habitual Felon Statute; mandatory LWOP; Juvenile conduct; eighth amendment; ineffective assistance of counsel; motion for appropriate relief
State v. Pickens
no error in admitting challenged Rule 404(b) evidence; trial court improperly considered the defendant's exercise of his constitutional right to demand a trial by jury in deciding to impose three consecutive sentences
State v. Schalow
Prosecution of current child abuse and assault charges may proceed, consistent with the constitutional prohibition against double jeopardy, where the current charges are not the same offense as the previous attempted first-degree murder charge.
State v. Wentz
Plea agreement; Plea arrangement; Withdrawn plea; Withdrawal; Alford plea; N.C. Gen. Stat. ? 15A-1024; Plea Bargain; Consideration; Inducement; Constitutional right; Benefit of the bargain; Sentencing.
Visible Props., LLC v. The Vill. of Clemmons
Zoning; digital billboards; interpretation that harmonizes conflicting provisions; ambiguous language in zoning ordinances construed in favor of free use of real property
Walker v. Wake Cty. Sheriff's Dep't
Defamation; motion for judgment on the pleadings, N.C. Gen. Stat. 1A-1, Rule 12(c); motion to dismiss for failure to state a claim, N.C. Gen. Stat. 1A-1, Rule 12(b)(6); qualified privilege defense; fair report privilege defense
Court of Appeals Published Opinions Filed July 19, 2022
Court of Appeals Unpublished Opinions Filed July 19, 2022
Britt v. Britt
child support; monthly gross income; ordinary and necessary business expenses
Four Roses, LLC v. First Protective Ins. Co.
Rule 12(b)(6); Insurance Coverage; Covid-19
Grooms Prop. Mgmt., Inc. v. Muirfield Condo. Ass'n
Partial Summary Judgment; Interlocutory Appeal; Homeowners Association Declaration; Contract Interpretation; Petition for Writ of Certiorari
Hundley v. AutoMoney, Inc.
N.C. R. Civ. P. 12(b)(6); motion to dismiss; personal jurisdiction; minimum contacts
In re J.L.L.
findings of fact were supported by competent evidence and conclusions of law supported trial court's adjudication of juvenile as neglected
In re J.W.
N.C.R. App. P. 3.1(e); no-merit briefs; termination of parental rights