Appellate Court Opinions
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15,390 Appellate Court Opinions
Gantt v. City of Hickory
N.C. R. Civ. P. 41; relation back; statute of limitations; voluntary dismissal; standing; rehearing.
Howell v. Cooper
Motion to dismiss; N.C. Gen. Stat. § 1-277; Sovereign Immunity; Least intrusive remedy; N.C. Const. art. I, § 1; N.C. Const. art. I, § 19; Fruits of labor; Law of the land; Substantive due process; Stating a Constitutional claim
In re: C.J.B.
termination of parental rights; willful abandonment; willfulness; restrictive parole conditions; no contact provision.
In re: S.C.
self-incrimination, juvenile, adjudicatory hearing
Jones v. J. Kim Hatcher Ins. Agencies, Inc.
Agency, fiduciary duties, insurance, negligence, contributory negligence, liability.
Rose v. Powell
12(b)(6); grandparent visitation; grandparent custody; defacto family
State v. Calderon
Indecent liberties with a child; N.C. Gen. Stat. 14-202.1; touching versus sexual act; separate and distinct acts; continuous acts.
State v. Robertson
plea arrangements; plea withdrawal
Supreme Court Opinions Filed September 1, 2023
Sound Rivers, Inc. v. N.C. Dep't of Env't Quality
Whether the Administrative Law Judge properly affirmed the issuance of a permit, pursuant to N.C.G.S. 150B-34(a) (2021).
State v. Abbitt
Whether the trial court erred in refusing to admit evidence proffered by the defense which defendants asserted would tend to exculpate them in connection to the crimes for which defendants were being tried.
State v. Hicks
Evidence taken in the light most favorable to the State was sufficient to support the trial court's decision to instruct the jury on the aggressor doctrine even in circumstances involving the defense of habitation.
State v. Johnson
Whether defendant presented a prima facie case of selective enforcement.
State v. McKoy
Whether the Court of Appeals erred in holding that defendant was not entitled to a new trial based on the trial court's decision to exclude evidence found on the victim's cell phone.
State v. Richardson
Whether defendant's capital trial and sentence of death were free of error or prejudicial error as regards defendant's motions for the trial judge to recuse himself or be disqualified and various evidentiary and jury selection issues.
Value Health Sols., Inc. v. Pharm. Rsch. Assocs., Inc.
Whether, under Delaware law, the implied covenant of good faith and fair dealing applies to plaintiffs' breach of contract claim. Whether the trial court erred in its holding regarding defendants' motion for summary judgment regarding breach of contract, misrepresentations within a letter of intent, misrepresentations regarding contract amendment, and the Unfair and Deceptive Trade Practices Act. Whether the trial court erred in its holdings on 12(b)(6) motions to dismiss regarding claims of fraud by omission, promissory fraud, fraud, fraudulent inducement, and negligent misrepresentation. Whether the trial court abused its discretion in denying a party's request for leave to file a second amended complaint. Whether the trial court abused its discretion in a discovery order ruling under Business Court Rule 10.9. Whether claims alleging negligent misrepresentation must rise to the heightened pleading standard of Rule 9(b) of the North Carolina Rules of Civil Procedure.
Court of Appeals Published Opinions Filed August 15, 2023
Arter v. Orange Cnty.
municipal ordinance; zoning districts; land use; buffers; de novo; statutory interpretation
Edwards v. Town of Louisburg
declaratory judgment; N.C.G.S. 100-2.1; protection of monuments, memorials, and works of art; Open Meetings Law; summary judgment; standing; mootness
In re: A.N.B.
Rule of Appellate Procedure 3.1, willful abandonment, N.C. Gen. Stat. 7B-1111(a)(7)