14,300 Appellate Court Opinions
De novo just cause determination for disciplinary action taken against career State employee; whole record test; necessary factors for agency consideration in determining appropriate disciplinary action against career State employee.
Absolute Privilege; Quasi-Judicial Proceeding; Defamation
Appeal of interlocutory order denying motions for summary judgment; right to immediate appeal of order denying summary judgment on defense of governmental immunity; governmental immunity concerning actions of sheriff, sheriff?s detention officers, and county in operating county detention facility; waiver of governmental immunity.
interlocutory, substantive right, paternity
alienation of affection; criminal conversation; negligent infliction of emotional distress; intentional infliction of emotional distress; interlocutory appeal; NCGS 1A-1, Rule 42(b)(4); NCGS 1-267.1; NCGS 1-81.1; NCGS 1-277(a); NCGS 52-13.
Supplemental Proceedings and Subject-Matter Jurisdictions
Due Process, Equal Protection, Fruits of labor, Public Employee
Ecclesiastical abstention doctrine, neutral principles of law, subject matter jurisdiction, Rule 12(b)(1) motion to dismiss
Summary judgment, legal malpractice, settlement agreement, notarized, agreement to agree, binding agreement, material terms, statute of limitations, latent discovery.
grant Defendant's petition for writ of certiorari; probation revocation based on absconding; N.C. Gen. Stat., Sec. 15A-1343(b)(3a); competent evidence; waiver of State's presentation of evidence by in-court admission of the violations alleged; affirm activation of sentence; remand for clerical errors in judgment
Sentencing; invalid stipulation; question of law; prior conviction points; prior record level
motion to suppress; Anders brief; substantial assistance
Statutory right to confrontation at probation violation hearings, N.C. Gen. Stat. 15A-1345(e); absconding from supervision, N.C. Gen. Stat. Â§ 15A-1343(b)(3a); clerical error in judgment revoking probation.
will; patent ambiguity; judicial interpretation; testator's intent
Certificate of Need; Demonstration project for limited-use MRI scanner; Change in project under N.C. Gen. Stat. 131E-176(16)(e)
Termination of parental rights; adjudication under N.C.G.S. 7B-1111(a)(2); evaluating parent's progress at the time of the adjudicatory hearing rather than subsequent dispositional hearing; parent's refusal to sign DSS case plan; lack of court order requiring parent's compliance with case plan.
Appeal from order terminating respondents' parental rights; termination of respondents' parental rights pursuant to N.C.G.S. 7B-1111(a)(3); failure to pay for the cost of care for the juvenile; whether the trial court conducted the adjudicatory hearing under a fundamental misapprehension of the law.
Termination of parental rights; whether the trial court erred by denying respondent's motion to continue; whether the trial court complied with the requirements of the Indian Child Welfare Act.