Appellate Court Opinions

Unlicensed/under licensed Contractor;
Illegal Contract;
Breach of Contract;
Summary Judgment;
Indemnity;
Chapter 75 Unfair & Deceptive;
Misrepresentation;

Unified Development Ordinance; rezoning; declaratory judgment; North Carolina Rules of Civil Procedure 12(b)(1) and (6); subject matter jurisdiction; standing; no requirement to plead special damages

appellate jurisdiction; N.C. R. App. P. 3(c); motion to reconsider; Civil Procedure Rule 63

Equitable distribution; duress; undue influence; child support; child support guidelines; income calculations; retroactive child support.

Child custody order, best interests of the child, custodial exchange time, Father's Day weekend, recording custodial exchanges, the Federal Wiretap Act, the North Carolina Electronic Surveillance Act, abuse of discretion, Hague Convention non-restriction. 

Summary judgment; negligence; governmental immunity; public recreation

motion for post-conviction discovery; sealed records; in camera review; sealed records are potentially favorable but not material

Statutory Sexual offense of a minor;
Sex Offender registration;
Out-of-state Conviction of minor;
Reportable Conviction;
N.C. Gen. Stat. § 14-208.6(4)(b) (2023);
Substantially Similar Offense;
“laws of that state”;
Statutory Interpretation;

Drug Recognition Expert testimony; Rule 404(b); Rule 702(a); Rule 702 (a1); Rule 702 (a1)(3); Qualification of expert testimony; Yields absurd results; Prejudicial error; Establish malice for second-degree murder.

North Carolina Rule of Civil Procedure 60(b); voluntary dismissal with prejudice; excusable neglect; motion to enforce a settlement agreement; bilateral contract; material breach

12(b)(6) motion to dismiss; Community Schools Use Act; governmental immunity; public official immunity; assault of a minor; negligence

Certificate of Need (CON)
Qualified Applicants
ALJ and COA Standards of Review
Competition
Property Right in Application
Denial as Substantial Prejudice
Dismissal of Cross Appeal

Negligence; Negligent infliction of emotional distress; Inherent risk in contact sports; Duty of care; Baseball rule; Summary judgment; Judgment on the pleadings; Failure to train a minor; Willful and wanton; Gross negligence.

separation agreement; plain language; coverture fraction; “Frozen Benefit Rule"

DSS; Chapter 7B; Chapter 50 transfer; civil custody; visitation; adequate resources; legal significance; delegation of visitation authority to custodians; disability accommodation; continued state intervention; best interests of the child

Fourth Amendment; Search; Probable Cause; Marijuana; Hemp; Motion to Suppress; Reversed.

juvenile petitions; abuse; neglect; adjudication; stipulations; N.C. Gen. Stat. § 7B-807; findings of fact not supported by clear and convincing evidence

separation agreement, reconciliation, rescission, modification