Appellate Court Opinions

homeowner’s association declarations and design guidelines; architectural review committee; arbitrary or unreasonable; summary judgment inappropriate; preliminary injunction and Rule 65(c) security requirement

ineffective assistance of counsel; in camera review; confidential records; Strickland prejudice; limited remand.

Confrontation Clause; basis evidence; testimonial hearsay; blood alcohol test; new trial

traffic infractions; subject-matter jurisdiction; original, exclusive jurisdiction; N.C. Gen. Stat. 7A-271(d)

untimely appeal; PWC; probation revocation; extend; modify; good cause; vacated.

interlocutory; charging order; personal jurisdiction; judgment debtor; judgment creditor; foreign LLC; domestic LLC; affirmed.

Speculative damages; Mitigation of damages; Interest rate damages; Special damages; Pleadings; Future damages

Judgment on the pleadings; Breach of contract; res judicata; merger

Privity; Collateral Estoppel; Judicial Estoppel

arbitration; scope of arbitrator's powers; interpretation of contract; choice of law

Domestic Violence Protection Order;
No contact order;
Personal Jurisdiction;
Prima Facie Showing;
Dueling Affidavits;
Minimum Contacts;
Long Arm Statute;

Rule 9(j) dismissal of complaint, medical malpractice, specialized skill and clinical judgment, sit-to-stand device

equitable distribution, stipulations, child support, sanctions

Judgment notwithstanding verdict; breach of contract; rescission

Interlocutory appeal;
Substantial right;
Declaratory Judgment;
Standing;
Property Owners Association;
Enforcement of Unpaid Dues through Lien and Foreclosure;
Prior Appeals Precedential;

insufficient record on appeal, delay in entry of order

certificate of need, administrative law, findings of fact, conclusions of law, certificate of need application amendments, agency review, conforming to standards, substantial prejudice.

Workers Compensation Act;
Exclusivity Provision;
Subject Matter Jurisdiction of Industrial Commission;
Subject matter jurisdiction of superior court;

medical diagnosis or treatment hearsay exception; hearsay; public records hearsay exception; indecent liberties with a child; incest; preservation