Appellate Court Opinions

breach of implied contract, Rule 12(b)(6), summary judgment, sovereign immunity, breach of contract(third party beneficiary)

breach of contract; void; voidable; contested issues; motion to amend complaint; motion to conform the pleadings to the evidence; Rule 59; reversed.

Arbitration; vacatur.

Arbitration; vacatur.

Marketable Title Act; Right of way; Summary judgment; Restrictive covenants; Interference with easement.

motion to dismiss; 12(b)(6); sufficient allegations; Woodson claim; jurisdiction; injury during employment; workers compensation

partial summary judgment; independent contractor; trespass; negligence; tree removal; joint tortfeasor; liability

termination of parental rights; petition; verification requirement; subject matter jurisdiction; vacated.

N.C. Gen. Stat. § 7B-1111(a); N.C. Gen. Stat. § 7B-1110(a)

likelihood of future neglect; incarcerated parent; foreseeable future incapability; appropriate alternative child-care arrangement; insufficient findings of fact.

Custody modification; motion to continue

Interlocutory order; Fraud; Civil conspiracy; Unfair trade practices.

administrative; officer; moral character; agency; decision; willful failure to discharge duties; public injury

interlocutory; substantial right; arbitration; federally-reinsured crop insurance; federal crop insurance; common crop insurance policy; Federal Crop Insurance Act; Federal Crop Insurance Corporation; reversed

insufficient record; child custody; child support; hearing

equitable distribution; tax debt; marital property; separate property; classification; marital debt; tax liability incurred; marital estate

plain error, jury instruction, lesser-included offense

Kidnapping; sufficiency of evidence; plain error

Plea Negotiation, First Degree Murder, Reasonable Belief