Appellate Court Opinions
Search Case Summaries / Headnotes.
View PDF Volumes.
35,612 Appellate Court Opinions
State v. Turner
Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.
Vaughan v. Mashburn
Whether the trial court erred in dismissing a medical malpractice complaint for failure to comply with Civil Procedure Rule 9(j) when plaintiff met the substantive requirements of, but failed to include a specific statement required by, Rule 9(j); whether the trial court erred in not allowing plaintiff to amend the complaint under Rules 15(a) and (c) to correct the technical pleading defect after the statute of limitations had run.
Court of Appeals Published Opinions Filed August 7, 2018
Court of Appeals Unpublished Opinions Filed August 7, 2018
AVR Davis Raleigh, LLC v. Triangle Constr. Co., Inc.
Motion to compel arbitration; Existence and scope of arbitration agreement; Construction of contract language.
Awartani v. The Moses H. Cone Mem'l Hosp. Operating Corp.
Court of Appeals Panels Bound By Previous Decisions of the Court; Doctrine of Necessaries; Women's Property Clause
Beasley v. Beasley
Equitable Distribution
Berens v. Berens
Equitable Distribution; 529 Savings Plan as Marital Property; No Court-Created Exceptions to Marital Property Definition
Blair v. Blair
equitable distribution
Burgess v. Smith
Subject-matter jurisdiction; challenge to superior court's subject-matter jurisdiction after entry of default judgment based on exclusivity provision of our Workers' Compensation Act, N.C. Gen. Stat. 97-10.1; superior court's refusal to resolve subject-matter jurisdiction challenge based on defenses of equitable estoppel and laches
Bus. Improvement Techs., Inc. v. World Famous, Inc.
Challenged Findings, Breach of Contract, Damages
Bybee v. Island Haven, Inc.
Motion to dismiss; Fraud; Unfair and Deceptive Trade Practices
Caruthers v. Hann
Adequate Record for Appellate Review; Lack of Transcript or Narrative
DM Tr., LLC v. McCabe & Co.
non-exclusive easement; prescriptive easement; summary judgment
DOT v. Jay Butmataji, LLC
condemnation, parking taking
Eddington v. Lamb
Child custody; temporary custody order becoming permanent by operation of time; sufficiency of findings supporting physical and legal custody awards; joint legal custody award with division of decision-making authority
Gersing v. Real Vision, Inc.
Rule 60, Deficiency Judgment, Affirmative Defense, Excusable Neglect, Abuse of Discretion
Grodner v. Grodner
COA17-570 Rule 60(b)(4) motion for relief was improper substitute for appeal; order not void. COA17-813 Entry of stay was interlocutory; no substantial right affected
Grodner v. Grodner
Entry of stay was interlocutory; no substantial right affected
Hardy v. NC Cent. Univ.
Just Cause, Unacceptable Personal Conduct, Demotion of a Career State Employee