31,969 Appellate Court Opinions
unfair and deceptive practices; reliance on false signature could not be shown where party was unaware of the signature; trial court erred in concluding that claims for unfair and deceptive practices failed where party was sold duplicate warranties; remand required to determine the reasonableness of any reliance on duplicate warranties; trial court did not abuse its discretion in refusing to allow amendment of counterclaim during trial; trial court erred by failing to grant motion for directed verdict on defective workmanship claim because no expert testimony supported claim that workmanship was defective, as required; attorney's fees issue was not preserved for appellate review where no ruling was obtained on the request prior to appeal being noticed; trial court did not abuse its discretion in directing the order of closing arguments, if issue was preserved for appellate review
Personal jurisdiction; minimum contacts; in personam jurisdiction, NCGS 1-75.4; in rem jurisdiction, NCGS 1-75.8; property located within NC; abuse of discretion.
Summary judgment; NCGS 47F; NC Planned Community Act; Applicability; Assessments; Disclosure of records;
Workers' compensation; denial of additional treatment; award of attorneys' fees for unfounded litigiousness under N.C. Gen. Stat. 97-88.1
Permanency planning order; reasonable accommodations for respondent-parent; sufficient findings of fact and conclusions of law; visitation order; substantial discretion to guardian over visitation; future review hearings
Contempt; failure to pay child care expenses under court order; willfulness requirement; insufficient findings of fact
modification of child support; calculation of gross income; witness credibility; issue abandoned on appeal
Modification of child custody order; substantial change of circumstances; N.C.G.S. 50-13.7
North Carolina Industrial Commission; disability benefits; showing of futility; remanded for further findings.
Motion to dismiss; sovereign immunity; tribal defendants; Native American tribe; Eastern Band of Cherokee Indians; interlocutory; appellate jurisdiction; real property; easements
Res ipsa loquitur; negligence; medical negligence; medical malpractice; special pleading requirements; Rule 9(j); Rules of Civil Procedure; motion to dismiss; interlocutory appeal; appellate jurisdiction; and vicarious liability.
Workers compensation; NCGS 97-22; causal relation; timely notice; burden to show lack of prejudice.
North Carolina Utilities Commission; independent solar energy plant; certificate of public convenience and necessity; North Carolina General Statutes Section 62-110.1(a); FERC crediting policy; no federal preemption; levelized cost of transmission test; cost to ratepayers; purchase power agreement; affirm the Commission's denial of application
Invited instructional error; indecent liberties; double jeopardy.
Lesser included instruction; involuntary manslaughter; culpable negligence; prejudicial error; State v. Debiase.
Motion for Post Conviction Discovery; Motion for Appropriate Relief; law of the case doctrine; scope of discovery order; in camera review; Pennsylvania v. Ritchie
Motion to dismiss; leading question during direct examination; plain error; restitution; authority to immediately convert restitution award to civil judgment
modification of probation; right to counsel; waiver; N.C. Gen. Stat. 15A-1242; subject-matter jurisdiction