Appellate Court Opinions

interlocutory order; substantial right; show cause order; N.C.G.S. 1-277; initiation of civil contempt proceedings; nonparty appellants.

N.C. Gen. Stat. Section 20-154(a); reasonable suspicion; failure to signal; motion to suppress; N.C. Gen. Stat Section 14-415.1; constitutional argument not preserved; N.C. Rule of Appellate Procedure 10(a)(1).

ineffective assistance of counsel; habitual felon; right to a jury trial; prior conviction; motion to dismiss; first-degree murder; possession of a stolen firearm.

motion to dismiss, sufficient evidence, accessing government computer to defraud, obtaining property by false pretenses, Register of Deeds, quitclaim deed

N.C.G.S. 14-415; habitual felon; plain error; hearsay; Sixth Amendment; ineffective assistance of counsel.

ineffective assistance of counsel claim, motion to suppress, cold record, dismissed without prejudice, motion for appropriate relief

ex mero motu intervention; right to not to testify; improper statement by prosecutor.

probation revocation, reasonable efforts, N.C.G.S. 15A-1344(f)(3)

order of discipline; N.C.G.S. 84-28; Rules of Professional Conduct; entrusted funds.

general receivership; interlocutory; personal jurisdiction; prior pending action doctrine; no substantial right; dismissed

arbitration; FAA; RUAA; interstate commerce; res judicata

Whether the trial court had subject matter jurisdiction to enter its order dated 17 April 2023.

UCCJEA, subject matter jurisdiction, foreign state, interlocutory order, substantial right

summary judgment; negligent misrepresentation; fraud

child support, alimony, findings not supported by competent evidence, conclusions and decretal paragraphs erroneous; vacated and remanded

Fruits of Their Labor, Residential Zoning, Standing

pleadings, breach of contract, indemnification clauses, intentional misrepresentation, motion to amend. 

Choice of law; statute of limitations; Rule 12(b)(6) dismissals.

Constitutional right to jury trial; Seventh Amendment to the United States Constitution; Article I, Section 25 of the North Carolina Constitution; motion to dismiss pursuant to Rule 12(b)(6); summary judgment

child custody, temporary versus permanent custody order, error in applying best interests standard to a permanent custody order, error in modifying permanent order without finding a substantial change of circumstances