Appellate Court Opinions

domestic violence; DVPO; assault; attempted assault; personal relationship.

Collateral Estoppel, Summary Judgment

appeal dismissed where assignments of error on appeal to IC were not stated with particularity; Opinion and Award vacated and remanded where average weekly wage was calculated based on date of death rather than date Decedent would have ceased working for employer

Failure to preserve for appellate review; pro se; N.C. R. App. 10; jurisdictional defect; appellate rule violations.

Limited partnership agreement; general partnership; judicial dissolution and wind up; classification, allocation, and distribution of partnership assets; North Carolina Uniform Partnership Act; unchallenged findings of fact; unsupported conclusions of law.

Restitution; N.C. Gen. Stat. § 15A-1340.36(a)

probation revocation hearing; N.C.G.S. 15A-1344(f); finding of good cause; reasonable efforts to hold revocation hearing prior to the expiration of probationary term.

trial court erred by closing courtroom without making sufficient findings of fact and by denying motion to dismiss violation of local ordinance where the charging documents did not include the caption and the ordinance was not proven at trial

no new trial where transcript for one day of the proceedings is missing; incest conviction vacated because a niece by affinity is not a niece for purposes of incest as criminalized by N.C. Gen. Stat. § 14-178; trial court did not err by denying motion to suppress; remanded for correction of clerical error where judgment included previously dismissed conviction.

Motion to dismiss, Perfecting service, Service of process, Statutes of limitations, Rule 4

easement; abandonment; overburdening; dedication for public use; standing; appellate preservation

motion to dismiss; subject-matter jurisdiction; alienation of affections

willful failure to pay child support, sufficiency of petition, standard of proof

Request for release of custodial law enforcement agency recordings under N.C. Gen. Stat. 132-1.4A(g) must file a civil action, not a form petition.

Termination of Parental Rights; Ex Parte Communications; Procedural Due Process

Motions to Dismiss;
Failure to State a Claim Rule 12(b)(6);
Personal Jurisdiction Rule 12(b)(6);
Notice;
Irregular Judgment;
General Appearance;
Waiver;
Attorney's Fees Prevailing Party;
Seeking Affirmative Relief;

Arbitration Agreement;
Interlocutory Orders;
Substantial Right;
Burden of Proof;
Untimely Affidavit;

Motion to suppress evidence; Fourth Amendment; traffic stop; weapons frisk; Terry frisk; totality of circumstances; validated gang member; officer's knowledge of prior murder charge; frisk of vehicle; may not raise different theory on appeal; prior record level worksheet; notice of prior record level point for committing a crime while on probation; parole or post-release supervision; waiver of notice of prior record level point.