Appellate Court Opinions
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35,004 Appellate Court Opinions
In re: Pub. Records Request to DHHS
public records request; special proceeding; lack of subject matter jurisdiction; lack of authority to initiate action
In re: S.R.
Termination of parental rights; findings of fact; NCGS 7B-1111(a); failure to pay child support; and judicial discretion
In re: Stanly Solar, LLC
North Carolina Utilities Commission; Commission's decision prima facie just and reasonable; Deference afforded to Commission's interpretation of statute
John Doe 1K v. Roman Catholic Diocese of Charlotte
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata
John Doe v. Roman Catholic Diocese of Charlotte
SAFE Child Act; S.B. 199; revival provision; three-judge panel of Wake County Superior Court; motion to transfer; res judicata
Johnson v. Gyurisko
Modification of Child Custody; Substantial Change of Circumstances; Findings of Fact; and Pure Legal Custody.
Johnston v. Pyka
partial summary judgment; breach of contract; specific performance; implied warranty of habitability; summary ejectment; tortious interference with contract; fraud
Kluttz-Ellison v. Noah's Playloft Preschool
worker's compensation; full commission did not abuse its discretion in allowing claimant's motion to submit additional evidence where good grounds existed for granting motion and Form 44 put defendants on notice of material aggravation theory; bariatric surgery was directly related to work injury that required right knee surgery and thus compensable where right knee surgery could not be safely performed before substantial weight loss that would result from bariatric surgery
Maiwald v. Maiwald
Interlocutory, substantial right, and appointment of expert appraiser
McKernan v. E. Carolina Univ.
Nonjurisdictional Appellate Rules Violation; Rule 28(b)(6); dismissal
Mills v. Jackson
Motion to Dismiss Appeal; Rule 12(b)(6) Motion to Dismiss; Malicious Prosecution; Abuse of Process; and Probable Cause
N.C. Farm Bureau Mut. Ins. Co., Inc. v. Hague
Judgment on pleadings; declaratory judgment act; insurance policy; policy exclusions; intentional act; duty to defend/indemnify.
Roark v. Yandle
denial of Rule 60(b) motion; attorney's fees; void judgment
State v. Amator
trafficking, traffic stop, license plate, renewal sticker, Commissioner, DMV, reasonable suspicion, mistake of law, registration card, ambiguous
State v. Ballard
motion for appropriate relief; Brady and Napue claims failed because of lack of probability allegedly wrongfully withheld or intentionally false evidence would have changed result of trial had it not been withheld or introduced; evidentiary hearing was required on ineffective assistance of counsel claim to determine whether failure to investigate key alibi witness prejudiced outcome of trial; gatekeeper order prohibiting the filing of future motions for appropriate relief was erroneous where there was no history of filing successive frivolous motions for appropriate relief
State v. Conner
Fifth Amendment; custodial interrogation; barricaded suspect; and clerical error
State v. Darr
Miranda Rights; interrogation; confession; unambiguous request for counsel; motion to suppress; Fifth Amendment
State v. Davenport
New trial; Motion to Dismiss; Rule of Evidence 404; Limiting Instructions; and Hearsay
State v. Davis
proof of prior felony conviction; jury instruction; felonious possession of marijuana
State v. Graham
Jury instructions; mandatory presumption; attorney-client privilege; motion to compel.