Appellate Court Opinions

Separation of Powers;
Gubernatorial appointments;
Building Code Council;
Utilities Commission;
Appellate Judicial Vacancies;
Facial Constitutional Challenge;
Summary Judgment;
Three Judge Panel;

Statutory interpretation; N.C. Gen. Stat. § 132-1; canon of last antecedent; N.C. Gen. Stat. § 116-43.17; plain meaning

civil contempt; purge condition

Final judgment; jurisdiction; Rule 12(f); interlocutory; consolidation

Pataky analysis; unincorporated separation agreement; attorney's fees; North Carolina Child Support Guidelines

Rule 12(b)(6); at-will employment; wrongful discharge; N.C.G.S. § 143-422.2; sex discrimination.

summary judgment; slander per se; qualified privilege; tortious interference with contract

Adjudication of abuse and neglect; Rule 17 GAL; minor parent; waiver of Fifth Amendment right against self-incrimination; unchallenged findings of fact support that minor child was an abused child

Permanency planning; reunification; insufficient findings

Rule 9(j); medical malpractice

motion for domestic violence protection order; motion for temporary custody; fear of continued harrassment; findings of fact; conclusions of law.

Industrial Commission, State Agency duty of care, findings of fact, traffic control devices and signs

child support award, income, bad faith, retrospective child support, prospective child support, exchange rate, live-in nanny care, Montessori school, child support arrears, judgment, N.C.G.S. § 50-13.4(f)(8).

Governmental immunity; safe-streets exception; negligence.

Motion to dismiss; failure to state a claim; motorist insurance liability.

petition for writ of certiorari; substantial right; judicial notice; modification of a temporary retraining order; limited receiver; trial court’s authority during receivership

Hearsay within hearsay; Double hearsay; No prejudice; Other sufficient evidence; Malice; Assault with a deadly weapon; Hands as a deadly weapon.

felony possession of stolen goods; attempted misdemeanor larceny; motion to dismiss for insufficient evidence; substantial evidence supports convictions.

Trafficking cocaine by possession; trafficking cocaine by transportation; preservation; jury instructions

Standing, Fourth Amendment search, motion to suppress, CSLI