Appellate Court Opinions

motion to dismiss; fatal variance; insufficient evidence; prejudice; engaging in a riot; no error

Rule 28(b)(6), Rule 12(b)(c), Rule 56,

partisan gerrymandering; nonjusticiable political question; unenumerated right; fair elections; attorneys fees

Motion to dismiss, statute of limitations, holdover tenant, lease-to-purchase, recorded lease

Inconsistent verdicts, summary judgment, material fact, deposit, pre-order, declaratory judgment, notice of appeal

Rule 60(b) Motion for Relief; Temporary custody order

Public official immunity; governmental immunity; 12(b)(2); motion to dismiss; proprietary function; governmental function; public employee; jurisdiction; NC Gen. Stat. § 1-278

declaratory relief; indemnification; insurance policy; material misrepresentation; void; summary judgment; affirmed

N.C. R. Civ. P. 36; N.C. R. Civ. P. 12(b)(1); Requests for Admission conclusively established.

alimony, attorney's fees, required findings

disability; doctor; testimony; evidence; Full Commission; weight

motion for sanctions; discovery order; Rule 37; fraud.

Best interest of child; minimum visitation

Disposition order; document incorporation.

Adjudication of neglect; Post-petition evidence; Exception for fixed and ongoing circumstances; Disregarding findings of fact; Likelihood of future neglect.

Motion to dismiss; permanency-planning order; Rule 60 motion.

willful abandonment, termination of parental rights, findings of fact

Termination of parental rights; Rule 17 guardian ad litem; Evidentiary support for findings of fact; Willfully leaving in care for more than 12 months; N.C. Gen. Stat. § 7B-1111(a)(2); Progress in correcting the conditions which led to the removal.

permanency plan, elimination of reunification efforts, G.S. 7B-901(c)(2)