Appellate Court Opinions
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2,698 Appellate Court Opinions
Supreme Court Opinions Filed April 6, 2018
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.
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.
In re W.H.S.
Review of recommendation for public reprimand.
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.
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).
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.
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.
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.
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.
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.
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.'
State v. Mostafavi
Whether an indictment charging defendant with obtaining property by false pretense was fatally defective.
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 Opinions Filed March 2, 2018
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.
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.
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.
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.
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.