31,464 Appellate Court Opinions
denial of request for special jury instruction proper; jury instructions concerning motor vehicle negligence; no abuse of discretion where trial court required admission of additional deposition excerpts pursuant to N.C. Gen. Stat. § 1A-1, Rule 32(a)(5).
defendant's actions were not a proximate cause of injuries; no error in granting summary judgment when there was no material issue of fact as to proximate cause
Equitable distribution; insufficient findings of fact to support unequal distribution; trial court must find that equal distribution is not equitable before ordering unequal distribution
Rule 12(b)(6), motion to dismiss, mental disorder, involuntary commitment, ordinary negligence, gross negligence, qualified immunity, professional judgment, release, kill
Modification of child custody, circumstances existing at the time of initial custody order, substantial change of circumstances, effect on the minor child, and findings of fact.
NCGS 7B-911; Subject-matter jurisdiction
DSS, department of social services, juvenile, delinquent, adjudication, disposition, risk assessment, mental health, needs assessment, mental health services director, developmental disability, referral, PTSD, statutory mandate
appeal of unamended permanency planning order was properly before the Court despite the trial court's entry of an amended order on the same day appeal was noticed from unamended order; trial court order ceasing reunification efforts contained sufficient findings; denying visitation to respondent-mother did not constitute an abused of discretion
Juvenile Delinquency; Fatal Defect; Ineffective Assistance of Counsel; Concession of Guilt
constitutional procedural due process argument dismissed for failure to preserve, N.C. R. App. P. 10(a); challenges to permanency planning order dismissed as moot.
Permanency planning order; appointment as guardians; N.C. Gen. Stat. § 7B-600(c) (2019); N.C. Gen. Stat. § 7B-906.1(j) (2019); understanding of legal significance; collective understanding; sufficiency of findings
adjudication of neglect; North Carolina General Statutes Section 7B-101(15); children placed in WCHS custody; impairment or substantial risk of impairment at the time of adjudication; voluntary safety plan; clear, cogent, and convincing evidence; trial court's findings of fact support its conclusion of law
competent evidence; neglect; dependency; adjudication; findings of fact
Juvenile interrogation, custodial interrogation, suppression hearing, and findings of fact
Denial of motion to set aside entry of default; abuse of discretion standard; findings of fact required for award of attorneys' fees under Section 44A-35
appeal of order denying summary judgment on election of remedies defense dismissed as interlocutory; interlocutory order denying summary judgment on collateral estoppel defense affected a substantial right and was immediately appealable; collateral estoppel did not bar plaintiffs? claims where defendants failed to show that the issue was actually and necessarily decided in the preceding action.
State Medical Facilities Plan; Certificate of Need Act; Administrative Law Judge; whole record test; agency deference; NCGS sections 131E-175, -176(16)(f1)(8), - 177(4); -183(a)(1), & -188(b); NCGS sections 150B-2(8a)(k), -51.
Promissory note and statute of limitations accrual
Motion to Dismiss; Sufficiency of the Evidence; Rule 404(b); Rule 403
Challenge to denials of motions to suppress; petition for a writ of certiorari; argument raised on appeal different from basis for motions in trial court; appellate argument not preserved