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

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2,713 Appellate Court Opinions

, Supreme Court , 88A16 (Per Curiam) , Published
In re Smith

Appeal from Industrial Commission's denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant's constitutional challenge to a statutory requirement to qualify for the Program; whether the Court of Appeals has jurisdiction over the appeal; application of N.C.G.S. 1-267.1(a1).

, Supreme Court , 155A16 (Justice Paul Newby) , Published
Old Republic Nat'l Title Ins. Co. v. Hartford Fire Ins. Co.

Dispute between bank that made a construction loan to a developer and the company that issued payment and performance bonds to a contractor who was not paid for his work; whether certain issues decided by a jury in a previous action between the contractor, who was in privity with the bond company, and the bank, coupled with statements made by the bond company's counsel to the court in the prior action, barred the bond company's claims in a later action raising the same issues; application of judicial estoppel.

, Supreme Court , 173A16 (Per Curiam) , Published
State v. Stith

Whether the trial court erred in allowing the State to amend an indictment at the start of trial; application of N.C.G.S. 15A-923(e); whether the amendment was material.

, Supreme Court , 95PA16 (Per Curiam) , Published
Walker v. N.C. State Bd. of Dental Exam'rs

Appeal from licensing board's decision imposing discipline on licensee for violation of a board rule and for professional negligence in violation of the Dental Practice Act.

, Supreme Court , 294PA14 (Justice Sam Ervin IV) , Published
King v. Bryant

Whether an agreement to resolve a medical malpractice dispute by binding arbitration is enforceable under the circumstances present in this case.

, Supreme Court , 391PA15 (Justice Sam Ervin IV) , Published
City of Asheville v. State

Whether a statute involuntarily transferring the assets and debts of the City's water system to a metropolitan sewer authority violated Article II, Section 24 of the North Carolina Constitution.

, Supreme Court , 438A15 (Justice Barbara Jackson) , Published
Hanesbrands Inc. v. Fowler

Interlocutory appeal from decision from N.C. Business Court overruling defendant's opposition to designation of this action as a mandatory complex business case.

, Supreme Court , 276PA15 (Per Curiam) , Published
In re Foreclosure of Beasley

Whether Civil Procedure Rule 41(a)(1) applies to non-judicial foreclosure actions under power of sale; whether a lender who files two voluntary dismissals of foreclosure actions based on the same promissory note and deed of trust is barred from filing a third power-of-sale foreclosure action.

, Supreme Court , 162A16 (Justice Paul Newby) , Published
In re Lucks

Under non-judicial foreclosure by power of sale under deed of trust, whether the successor trustee established its right to foreclose.

, Supreme Court , 250A16 (Per Curiam) , Published
In re P.M.

Review of recommendation for public reprimand.

, Supreme Court , 208PA15 (Justice Barbara Jackson) , Published
N.C. State Bar v. Tillett

Whether the N.C. State Bar has jurisdiction to discipline a sitting judge who has already been disciplined by the Judicial Standards Commission for the same conduct while in public office.

, Supreme Court , 261PA15 (Per Curiam) , Published
O'Neal v. Inline Fluid Power, Inc.

Workers' Compensation; whether the Industrial Commission exceeded its statutory authority by adopting and utilizing Form 63, allowing employers investigating a claim to pay medical benefits only without prejudice to end further benefits if the claim is later denied.

, Supreme Court , 25A16 (Justice Mark Martin) , Published
State v. Allman

Motion to suppress evidence; whether the magistrate had a substantial basis to find that probable cause existed to issue a warrant to search defendant's home.

, Supreme Court , 36PA16 (Justice Robin Hudson) , Published
State v. Barnett

Whether, in issuing a permanent no contact order under N.C.G.S. 15A-1340.50, the trial court exceeded its statutory authority by prohibiting contact with the victim's children.

, Supreme Court , 369A15 (Per Curiam) , Published
State v. Carvalho

Whether defendant's constitutional right to a speedy trial was violated; whether excerpts from a jailhouse audiotape and transcript of a conversation between defendant and another inmate were admissible under Rule of Evidence 404(b).