Appellate Court Opinions
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16,007 Appellate Court Opinions
Harris v. N.C. Dep't of Pub. Safety
Whether the Department of Public Safety had just cause to terminate a corrections officer from employment for allegedly unacceptable conduct; application of Chapters 126 and 150B to the employee's appeal from an administrative law judge's final decision reversing the termination and imposing a lesser sanction.
In re G.T.
Whether N.C.G.S. 7B-901(c) allows a trial court to make an initial finding of aggravated circumstances in the same disposition order that directs cessation of reunification efforts, or whether such a finding must be made in a separate, previous order.
State v. Godbey
Appeal from conviction for indecent liberties with a child; whether testimony by defendant's wife should have been excluded under the marital communications privilege and Rule of Evidence 404(b); application of N.C.G.S. 8-57, 8-57.1, and 7B-310.
State v. Wilson
Motion to suppress evidence; whether the trial court properly determined that defendant was not seized and that his Fourth Amendment rights thus were not implicated.
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