Appellate Court Opinions
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15,923 Appellate Court Opinions
Wheeler v. Cent. Carolina Scholastic Sports, Inc.
Negligence suit by spectator hit by a baseball while at defendant's ball field; whether defendant met its duty of care to plaintiff under 'The Baseball Rule'; whether trial court erred in granting summary judgment for defendant in lieu of letting the matter go before a jury.
Court of Appeals Published Opinions Filed December 19, 2017
Azar v. Town of Indian Trail Bd. of Adjustment
NCGS 160A-393 judicial review; motion to dismiss; failure to name a necessary party; proper respondent; special use permit
Ecoplexus Inc. v. Cty. of Currituck
Solar farm; use permit; prima facie showing; harmonious use; rebuttal evidence.
In re: R.S.M.
subject matter jurisdiction; clerical error
Lasecki v. Lasecki
Unincorporated Separated Agreement; Child Support; Alimony; Changed Circumstances; Employment; Motion to Reopen the Evidence; Specific Performance; Contract
Little River, LLC v. Lee Cty.
special use permit; prima facie showing; standing; de novo and whole record review; sufficiency of the evidence.
McVicker v. Bogue Sound Yacht Club, Inc.
Planned Community Act (PCA) NCGS 47F-1-101 et seq.; posting a bond; restrictive covenants; power to fine under the PCA; mootness; summary judgment; Homeowners' Associations.
Mid-Am. Apartments, L.P. v. The Block At Church Street Owners Ass'n, Inc.
Illegal Contracts; Permanent Injunction; Summary Judgment; Easements
Mkt. Am., Inc. v. Lee
Voluntary dismissal; bad faith; interlocutory appeal; covenant not to compete
Proffitt v. Gosnell
Summary Judgment - Contributory Negligence and Last Clear Chance
Ring v. Moore Cty.
Standing for an adjacent landowner's challenge to a rezoning ordinance
State v. Barker
Rule 702; Admissibility of HGN test results; Daubert Standard
State v. Fuller
4th Amendment; warrantless search of defendant's person; search incident to arrest; motion to suppress; plain error review; new argument on appeal not considered by trial court.
State v. Malloy
Hit and Run Resulting in Death; Hit and Run Resulting in Injury; Lesser Included Offense
State v. Pena
Sixth Amendment right of counsel, clear and unequivocal waiver required, knowing and voluntary waiver of right to counsel, misconduct
State v. Santifort
Rule 60(b) motion; special proceedings; Rule 24 motion to intervene; subject matter jurisdiction
The NC State Bar v. Foster
Attorney discipline; magistrates as judicial officers; meaning of tribunal; conduct prejudicial to the administration of justice; N.C. Rules of Professional Conduct 3.5(a)(4)(B) and 8.4(d)
The NC State Bar v. Livingston
Rules of Professional Conduct; Disciplinary Hearing
Tillett v. Town of Kill Devil Hills
Public Record Request; No Jurisdiction; Jurisdictional vs. Procedural Rules