Supreme Court

, Supreme Court , 338A17 (Justice Barbara Jackson) , Published
Silver v. Halifax Cty. Bd. of Comm'rs

Whether a local board of county commissioners may be held legally responsible for providing a sound basic education for students in the county; appeal from trial court's grant of defendant's Rule 12(b)(6) motion to dismiss.

, Supreme Court , 255A17 (Justice Robin Hudson) , Published
Justus v. Rosner

Medical malpractice action; whether the trial court erred in allowing plaintiff's Rule 59 motion to amend judgment, thus setting aside a jury verdict on damages; whether a new trial should be granted on the sole issue of damages; whether the trial court erred in directing a verdict against defendants on the issue of contributory negligence; trial court's award of costs against defendants for certain expert witness fees.

, Supreme Court , 318A17 (Justice Michael Morgan) , Published
Morrell v. Hardin Creek, Inc.

Action by tenants to recover damages based on landlord's alleged negligent renovation of the leased premises that resulted in severe damage to plaintiffs' equipment and business interests; whether the lease agreement contained an unambiguous waiver of all claims by either party based on the other party's negligence.

, Supreme Court , 128A18 (Justice Sam Ervin IV) , Published
Azure Dolphin, LLC v. Barton

Appeal from final judgment of North Carolina Business Court granting defendants' motion to dismiss all claims under Civil Procedure Rule 12 and from interlocutory order denying plaintiffs' motion to file a second amended complaint.

, Supreme Court , 416A17 (Justice Sam Ervin IV) , Published
Hairston v. Harward

Motor vehicle wreck caused by underinsured driver; judgment for plaintiff against defendant tortfeasor; whether defendant can receive credit against the amount of the judgment owed by him for monies paid to plaintiff by plaintiff's UIM carrier.

, Supreme Court , 142PA17 (Justice Sam Ervin IV) , Published
State v. Malachi

Appeal from defendant's convictions for possession of a firearm by a convicted felon and attaining habitual felon status; whether the trial court committed prejudicial error by instructing the jury concerning the doctrine of constructive possession.

, Supreme Court , 400PA17 (Justice Cheri Beasley) , Published
State v. Meadows

Appeal from convictions for trafficking in opium; claim of ineffective assistance of counsel; whether N.C. R. App. P. 10(a)(1) precludes appellate review of alleged sentencing errors to which defense counsel did not object at trial; whether defendant's sentences were an abuse of discretion and violate the Eighth Amendment.

, Supreme Court , 173PA17 (Per Curiam) , Published
State v. Fowler

Appeal from defendant's conviction for driving while impaired; whether the trial court committed reversible error by instructing the jury on the basis of a legal theory lacking evidentiary support.

, Supreme Court , 82A18 (Justice Paul Newby) , Published
Stokes v. Stokes

Appeal from trial court's discretionary ruling under N.C.G.S. 1-83(2) changing venue in a child custody action; whether the Court of Appeals erred in dismissing plaintiff-mother's interlocutory appeal from the trial court's order.

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