Appellate Court Opinions

Motion to dismiss for insufficient evidence; simple assault

child custody; no certificate of service; dismissal; substantial noncompliance with our appellate rules; default precluding substantive review

breach of contract; negligence; unjust enrichment; unfair and deceptive trade practices; breach of express warranty; economic loss rule; partial summary judgment; discovery sanctions; attorney's fees; expert opinion testimony; motion to amend pleadings; Rule 41(b) motion

negligence; directed verdict; limiting testimony from expert witness; denial of request to reopen evidence; pro se litigant; proximate cause

child custody; hearsay testimony; statements made for medical diagnosis; admission of prior conviction; bench trial.

Motion to transfer; District Court; jurisdiction; concurrent original jurisdiction; waiver of objection to the division; trial recording requirement; no court reporter present; trial unrecorded; failure to record not prejudicial; preservation of issue; failure to object.

termination; parental; rights; neglect; future neglect; relapse; substance abuse; case plan

termination of parental rights, reasonable progress, unchallenged findings

Termination of Parental Rights; Disposition; Potential Relative Placement; Best Interest of the Child; No Abuse of Discretion; Affirmed.

N.C. Utilities Commission, N.C.G.S.62-111, transfer of utilities

3.1; Neglect; Dependency

probation revocation, absconding, supervision, clerical error

Statutory rape/indecent liberties; trial court erred in sentencing

Probation; Revocation; Absconding; Relevant Evidence; Willful Evasion; Affirmed

constructive possession, curative instruction, improper expression of judicial opinion

motion for mistrial, deadlocked jury, "Allen" instruction, N.C.G.S.15A-1235(c)

motion to dismiss for insufficient evidence, identity of perpetrator, substantial evidence

felony assault by strangulation, sufficiency of the evidence, de novo

child abuse, jury instruction, proposed modification