Appellate Court Opinions

summary judgment, patent ambiguity, priority

express easement, easements appurtenant, easements in gross, declaratory judgment, quiet title, Rule 12(c), void for vagueness, de novo, reasonable certainty, claim preclusion, issue preclusion, affirm. 

de novo; summary judgment; adverse possession; tacking; privity; privity of possession; privity of estate; property; disputed tract; statutory period; color of title; successive occupants; subsequent possessions; grantee; grantor; connection of title; minority rule

subject matter jurisdiction; N.C.G.S. § 7B-1601(b); N.C.G.S. § 7B-2506(1)(c); N.C.G.S. § 7B-2501(d).

gross negligence, ordinary negligence, punitive damages, legislative cap

Sufficiency of indictment

Fifth Amendment; Self-Incrimination; Pre-Custodial Interrogation Silence; Substantive Evidence; Testimony; Impeachment

Motion for Summary Judgment; Reformation of Deed; Mutual mistake; Joinder; Motion to Continue

petition for writ of certiorari; summary judgment; negligent misrepresentation; fraud; real estate broker; duty to disclose; material facts

N.C. Gen. Stat. § 163-122; nomination by petition; declaratory judgment; summary judgment; N.C. Gen. Stat. § 153A-58; elections for the board of commissioners

modification of child custody, substantial change of circumstances, freedom of religion, sufficient findings

Motion to dismiss; Dangerous weapon; Hammer as a dangerous weapon; Clerical error.

Jury instructions; discovery; N.C.G.S. §§ 14-34.09–.10

Felony murder; attempted robbery with a dangerous weapon; corroborative statements; witness credibility; truthfulness of testimony; plain error; cumulative error.

motion to dismiss, discharging a weapon into occupied property, semi-automatic weapon, separate acts

preservation, motion to suppress, search warrant, affidavit

jury instruction, lesser included offense, per se serious injury, assault with a deadly weapon

voluntary manslaughter; possession of a firearm by a felon; jury instructions; affirmative defense; defense of justification; closing argument; improper comment by prosecutor; not so grossly improper as to deprive defendant of his right to a fair trial; no abuse of discretion in failing to intervene ex mero motu