Appellate Court Opinions
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35,612 Appellate Court Opinions
TD Bank, N.A. v. Eagles Crest at Sharp Top, LLC
Appeal from trial court's entry of summary judgment for plaintiff and subsequent order denying defendants' motion for reconsideration under Civil Procedure Rule 59; whether defendants' Rule 59 motion tolled the time period in Rule of Appellate Procedure 3(c) for filing an appeal from the summary judgment order; whether Rule 59 can provide relief from a summary judgment order or is limited to post-trial motions.
Court of Appeals Published Opinions Filed October 16, 2018
Court of Appeals Unpublished Opinions Filed October 16, 2018
Baker v. The NC Psychology Bd.
N.C. Gen. Stat. § 90-270.1; Psychology Practice Act; arbitrary and capricious; administrative sanctions
Brennan Station 1671, LP v. Borovsky
Constructive eviction; covenant of quiet enjoyment; lost profits damages; JNOV; required notice; failure to repair.
Brown v. NC Dep't of Pub. Safety
Tort Claims Act; Negligence; Proximate Cause
Cty. of Durham v. Burnette
civil contempt, present ability to pay; purge payments
Everett's Lake Corp. v. Dye
Real Property; Riparian Rights; Easements; Chain of Title
Frady v. Frady
Equitable distribution; miscalculation of distributive award based on mathematical error; issue abandonment; failure to file cross-appeal
Hamlet H.M.A., LLC v. Hernandez
compromise verdict; damages; employment contract; learned profession exception
In re: M.L.
Involuntary commitment; N.C. Gen. Stat. § 122C-261; N.C. Gen. Stat. § 122C-3(11); due process
In re: Z.B., A.B., V.T., I.B.L.
Adjudication of Neglect
In re: D.A., A.A., L.A., L.A.
Termination of Parental Rights; no merit brief; N.C. Rules of Appellate Procedure
King Harbor Homeowners Ass'n, Inc. v. Goldman
failure to comply with mandate order; motion for attorney's fees; punitive damages; N.C. Gen. Stat. § 1D-45
Mastanduno v. Nat'l Freight Indus.
Industrial Commission; workers compensation; privacy
State v. Allen
Obtaining property by false pretenses; fatal variance in indictment; variance must be material; attorney's fees; civil judgment.
State v. Barker
First-degree murder; Indictment; Sufficiency
State v. Bennett
jury selection, Batson motion, peremptory challenges; jury instruction
State v. Choppy
Post-conviction DNA Testing; N.C.G.S. Sec. 158-269; Anders Review