Appellate Court Opinions

Slip opinions (court's decision in a case) filed and written by the justices of the Supreme Court or judges of the Court of Appeals

Search Case Summaries / Headnotes.
View PDF Volumes.

2,698 Appellate Court Opinions

, Supreme Court , 170A17 (Justice Mark Martin) , Published
City of Asheville v. Frost

Whether the Asheville Civil Service Law governing appeals of decisions of the Asheville Civil Service Board to superior court gives a respondent the right to a jury trial.

, Supreme Court , 334A17 (Per Curiam) , Published
In re Foreclosure of Ackah

Relief from foreclosure sale under N.C.G.S. 1A-1, Rule 60(b) based on petitioner's failure to satisfy Rule 4's 'due diligence' notice requirement; whether N.C.G.S. 1-108 prohibits the court from ordering relief in the form of restoring title to the real property to the previous owner.

, Supreme Court , 425A17 (Per Curiam) , Published
In re W.H.S.

Review of recommendation for public reprimand.

, Supreme Court , 337A17 (Per Curiam) , Published
Jackson v. Century Mut. Ins. Co.

Action by homeowners against their homeowners' insurance company for unfair and deceptive trade practices, breach of contract, and bad faith; whether the trial court erred in granting summary judgment for defendant insurer.

, Supreme Court , 252A16 (Justice Barbara Jackson) , Published
Krawiec v. Manly

Interlocutory appeal from N.C. Business Court order granting defendants' motions to dismiss certain claims under Civil Procedure Rule 12(b)(6).

, Supreme Court , 374A16 (Per Curiam) , Published
Sanchez v. Cobblestone Homeowners Ass'n of Clayton, Inc.

Whether plaintiff homeowners who were later found not to be members of a homeowners association can recoup all previous dues that were erroneously collected by the association; whether an implied-in-fact contract existed between plaintiffs and the association; whether plaintiffs are estopped from denying the obligation to pay dues to the association.

, Supreme Court , 370A17 (Per Curiam) , Published
State v. Brawley

Whether an indictment charging defendant with larceny of personal property from a named department store was fatally defective because it did not allege the type of entity from which the property was stolen.

, Supreme Court , 95A17 (Justice Robin Hudson) , Published
State v. China

Kidnapping and first-degree sex offense; whether the trial court erred in denying defendant's motion to dismiss the kidnapping charge on grounds that no restraint apart from that involved in the sex offense occurred.

, Supreme Court , 455PA16 (Justice Michael Morgan) , Published
State v. Howell

Whether, after defendant's sentence for committing a Class 1 misdemeanor violation of the Controlled Substances Act was punished as a Class I felony under N.C.G.S. 90-95(e)(3), the trial court erred in sentencing defendant, an admitted habitual felon, as a Class E felon.

, Supreme Court , 126PA17 (Justice Barbara Jackson) , Published
State v. Jacobs

Whether Rule of Evidence 412, the 'Rape Shield Law,' generally excludes evidence of an alleged victim's sexually transmitted diseases; whether the exception provided in Rule 412(b)(2) allows admission of such evidence in this case.

, Supreme Court , 335PA16 (Justice Paul Newby) , Published
State v. Lee

Whether, at defendant's murder trial, the court committed plain error by declining to give certain jury instructions requested by defendant regarding 'no duty to retreat.'

, Supreme Court , 199A17 (Justice Paul Newby) , Published
State v. Mostafavi

Whether an indictment charging defendant with obtaining property by false pretense was fatally defective.

, Supreme Court , 312A17 (Per Curiam) , Published
Vogler Reynolda Rd., LLC v. SCI N.C. Funeral Servs., Inc.

Appeal from final judgment of N.C. Business Court interpreting the termination date of a lease; whether the court erred in determining that the lessee failed to strictly comply with the Purchase Option in the Lease Agreement.

, Supreme Court , 427A16 (Justice Barbara Jackson) , Published
Abrons Fam. Prac. & Urgent Care, PA v. N.C. Dep't of Health & Hum. Servs.

Civil complaint filed by various medical practices to recover damages and other relief for the State's failure to properly implement a new electronic payment system to reimburse plaintiffs for their services to Medicaid-eligible patients; whether the trial court erred in dismissing plaintiffs' complaint for lack of subject matter jurisdiction because plaintiffs did not exhaust their administrative remedies before filing a civil suit.

, Supreme Court , 453A16 (Per Curiam) , Published
Allied Spectrum, LLC v. Ger. Auto Ctr., Inc.

Civil action for breach of contract and related claims; whether plaintiff was entitled to voluntarily dismiss its case under Civil Procedure Rule 41(a)(1) after end of summary judgment hearing but before the court issued its ruling; whether the trial court erred in entering summary judgment for defendants.

, Supreme Court , 160A16 (Justice Barbara Jackson) , Published
Davis v. Hulsing Enters.

Whether North Carolina recognizes a first-party claim for dram shop liability; if so, whether that claim is barred by the contributory negligence of plaintiff's decedent.

, Supreme Court , 279A17 (Per Curiam) , Published
In re D.E.M.

Termination of parental rights; whether the mother willfully abandoned the juvenile as defined in subdivision 7B-1111(a)(7) of the Juvenile Code.

, Supreme Court , 7PA17 (Per Curiam) , Published
In re J.A.M.

Minor child; adjudication of neglect and dispositional order ceasing reunification efforts; whether clear and convincing evidence supported findings of fact on which the order was based.