Appellate Court Opinions
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32,790 Appellate Court Opinions
Court of Appeals Unpublished Opinions Filed August 17, 2021
85' & Sunny, LLC v. Currituck Cty.
County zoning board decision was supported by substantial, competent evidence in view of the entire record; trial court's review of county zoning board in nature of certiorari; interpretation of county unified development ordinance.
Angela Wilson Freeman v. Tommie L. Glenn
Motor vehicle accident; contributory negligence; peremptory instruction on negligence; evidence of seat belt misuse; duplicative evidence; harmless error; motion for judgment notwithstanding verdict
Cassandra Michele Starnes vs. Carrie Elizabeth Starnes
child custody; trial court did not err in refusing to admit evidence of infidelity of one spouse; trial court's challenged findings of fact were supported by competent evidence or were recitations of testimony not necessary to support court's ultimate findings of fact and conclusions of law; expert did not engage in improper vouching; court's findings on the ultimate facts resolved all the material issues in controversy
Contaminant Control, Inc. v. Allison Holdings, LLC
Directed Verdict; Fraud; Breach of Contract; Relevant Evidence; Motion to Amend
Erickson v. NC Dep't of Pub. Safety
Administrative Law Judge; hearsay evidence; dismissal for just cause; career State employee; grossly inefficient job performance; unacceptable personal conduct;
Gribble v. Bostian
easement, appurtenant, not located, acquiesced, competent evidence, practical location, reasonable way, Dead Man's Statute, Hearsay
In re: S.R.J.T.
neglect, dependency, finding of fact, alternative child care arrangement
James Lomick v. N. Carolina Dept. of Pub. Safety
Order of Industrial Commission; interlocutory appeal; appellate jurisdiction.
Jayson Jackson v. Duke Univ. Health Sys., Inc.
Medical malpractice claim; sufficiency of Rule 9(j) certification; dismissal; denial of motion to amend Rule 9(j) certification; futility of amendment
Lowery v. Choice Hotels Int'l, Inc.
Proper Venue; Notice and Hearing; Waiver
Lowrey v. Choice Hotels Int'l, Inc.
Proper Venue; Notice and Hearing; Waiver
Ross v. SBI
Industrial Commission; State Tort Claims Act; Rule 60 motion for relief from judgment; Rule 60(b)(3); untimely motion; Rule 60(b)(6); abuse of discretion standard
State v. Forte
N.C. Gen. Stat. 15A-1354(a); discretion to impose consecutive or concurrent sentences; notice and opportunity to be heard before imposition of civil judgment for attorneys' fees; duplicative court costs; fee not supported by evidence
State v. Gavin
First degree kidnapping; motion to dismiss; sufficiency of the evidence; intent to terrorize victim
State v. Kisha Joann Welch
Felony child abuse; motion to dismiss; reliability of expert testimony; motion to continue; sufficient notice of expert testimony; relevant evidence; character evidence; closing arguments.
State v. Lent
child sexual abuse; trial court did not err in allowing witness testimony about what victim disclosed; no error or abuse of discretion in admission of evidence of the defendant's masturbation; fact of the defendant's probation was admitted as evidence of flight; defendant did not receive ineffective assistance of counsel
State v. Lindsey
Drug offenses; appeal from guilty plea; appellate jurisdiction; petition for writ of certiorari; sufficiency of factual basis; defendant's right to be heard before imposition of court-appointed attorneys' fees
State v. McDougald
motion for a mistrial; Sixth Amendment right to effective assistance of counsel; Eyewitness Identification Reform Act (?EIRA?)
State v. McLymore
robbery with a firearm; jury instructions; trial court did not err when it did not designate the victims named in the indictment as the alleged victims of the armed robbery