Court of Appeals
Forte v. The Goodyear Tire & Rubber Co.
Workers' compensation; Full Commission's authority to reconsider evidence and amend deputy commissioner's award if good ground be shown; N.C. Gen. Stat. § 97-85; competent evidence standard; Full Commission authority to weigh evidence and reject testimony it disbelieves
Upchurch v. Harp Builders, Inc.
civil procedure; pleading; counterclaim asserted outside statute of limitations did not relate back to plaintiff's complaint; most recent intermediate appellate court precedent controls over prior inconsistent precedent of same court
Appalachian Materials, LLC v. Watauga Cty.
permit, educational facility, ordinance, mandate, reverse, vacate
Court of Appeals Unpublished Opinions Filed May 3, 2022
Court of Appeals Published Opinions Filed May 3, 2022
Kean v. Kean
motion to dismiss appeal; interlocutory appeal from order compelling discovery; untimely discovery responses; COVID-19 court system filing extensions; Rules 33 and 34 of North Carolina Rules of Civil Procedure; attorney-client and work-product doctrine objections; assertion of privileges affects substantial right
W. 4th, LLC v. Brown
Breach of Contract; Summary Judgment; Sale of Real Property
State v. Adams
Assault with a deadly weapon intent to kill and inflicting serious injury, NCGS 14-32(a); Assault with a deadly weapon inflicting serious injury, NCGS 14-32(b); motion to dismiss; intent to kill; lesser included offense; possession of weapon of mass destruction; prior record level, NCGS 15A-1340.14(c)(4); date of offense, NCGS 15A-1340.14(c).
Se. Caissons, LLC v. Choate Constr. Co.
Construction Contracts; Contract Formation; Negligence and Duty; Exclusion of Relevant Evidence; Motion in Limine; Preservation of Error; Motion for Directed Verdict; Jury Instructions
In re C.A.M.
Permanency Planning; Legal Guardianship; Legal Custody; Juvenile; Reunification; Concurrent Plan; Due Process Clause; Fourteenth Amendment: Parent's Constitutionally Protected Status; Guardian ad Litem; Department of Social Services; N.C. Gen. Stat. § 7B-906.1; Finding of Fact; Clear and Convincing Evidence; Conclusion of Law; De Novo; and N.C. Gen. Stat. § 7B-1001.