Appellate Court Opinions

North Carolina Rules of Civil Procedure; actual notice of service of process does not cure ineffective service of process; general appearance; filing of removal in state court does not constitute a general appearance

contractor, statue of repose, Rule 12(b)(6), motion to dismiss

Termination of parental rights; Willful failure to make reasonable progress; Mental Health; TASC; MRT; Therapy; Celebrate Recovery; Employment; Visitation; Substance Abuse; Homeless; COVID-19; DBT; Dialectical Behavioral Therapy; Case plan; DNA testing; Appropriate housing; Recovery group; Drug screen; N.C. Gen. Stat. § 7B-1111(a)(2).

Termination of parental rights, financial contribution, incarceration.

termination of parental rights; sufficient findings of fact; N.C.G.S. 7B-1111(a)(2)

head-on collision between car and school bus; Tort Claims Act; North Carolina Industrial Commission; Guilford County Board of Education; negligence; doctrine of sudden emergency; 'act instantly;' last clear chance

Domestic Violence Protective Order, Acts of the Defendant, Admissibility of Evidence.

medical malpractice action filed by a minor; N.C. Gen. Stat. ? 1-17; statute of limitations; N.C. Gen. Stat. ? 1-15(c); as-applied constitutional challenge

judgment on the pleadings; underinsured motor vehicle; multiple claimant exception

arbitration; actual direct costs; equitable remedy; manifest disregard of the law

Federal Arbitration Act; essence of the contract; manifest disregard

satellite-based monitoring; Fourth Amendment; search; reasonableness

warrantless search and seizure; marijuana and hemp; actual knowledge; ineffective assistance of counsel

Evidence, Expert opinion, Expert testimony, Hearsay, Motion in limine, Issue preservation, Objection, Presence of jury, Impact on jury, Plain error, Jury instruction, Rule 10, N.C. R. App. P. 10(a)(2)

preservation; presumption of innocence; due process; attorney conflict of interest; trial court implying an opinion

land use regulation; permit choice statutes do not apply unless a complete application for a land use approval has been submitted and did not apply where complete application was not submitted until after moratorium prohibiting requested use was adopted, but before ordinance under which land use was requested was repealed and replaced by new, more onerous ordinance; moratorium statute in effect at the time moratorium when into effect had exemptions, none of which were applicable to moratorium at issue, so moratorium barred approval of land use application during its duration; proposed asphalt plant did not qualify as an approvable use of land under relevant ordinance because of its proximity to two commercial buildings; inconsistencies between representations in two permit applications supported inference of deceptive intent

premises liability; negligence per se; common-law negligence; landlord; lawful visitor

child support obligation, retroactive modification of past child support obligations, parental income calculation

North Carolina Industrial Commission; compensable injury; dispute ripe; remand for additional findings about Plaintiff's disability status; suitable employment