Appellate Court Opinions
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15,820 Appellate Court Opinions
Supreme Court Opinions Filed August 17, 2018
Boone Ford, Inc. v. IME Scheduler, Inc.
Appeal from order consolidating cases; whether the judge who entered the order lacked authority to do so because a different judge presided over the matter at trial and whether, if so, the resulting procedural error requires vacatur of the judgment below.
Locklear v. Cummings
Complaint alleging medical malpractice; whether plaintiff's failure to comply with Rule 9(j) before expiration of the statute of limitations requires dismissal of the action if the complaint alleges facts sounding in ordinary negligence, for which a Rule 9(j) certification is not required.
State v. Curtis
Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.
State v. Hyman
Motion for appropriate relief after defendant was convicted of first-degree murder; whether defendant was denied effective assistance of counsel after counsel did not withdraw from representing him at trial so that she could offer exculpatory testimony on defendant's behalf.
State v. Langley
Whether the indictment charging defendant with having attained habitual felon status was fatally defective.
State v. Rogers
Whether the State presented sufficient evidence to survive defendant's motion to dismiss a charge of keeping or maintaining a vehicle which is used for the keeping or selling of a controlled substance.
State v. Saldierna
Confession by juvenile defendant while under police interrogation; whether defendant's motion to suppress should have been allowed under N.C.G.S. § 7B-2101 because the confession was not made knowingly and voluntarily.
State v. Turner
Whether the two-year statute of limitations in N.C.G.S. § 15-1 mandates dismissal of misdemeanor charges against a defendant who was charged via a citation and magistrate's order, but not by a warrant, indictment, or presentment.
Vaughan v. Mashburn
Whether the trial court erred in dismissing a medical malpractice complaint for failure to comply with Civil Procedure Rule 9(j) when plaintiff met the substantive requirements of, but failed to include a specific statement required by, Rule 9(j); whether the trial court erred in not allowing plaintiff to amend the complaint under Rules 15(a) and (c) to correct the technical pleading defect after the statute of limitations had run.
Court of Appeals Published Opinions Filed August 7, 2018
AVR Davis Raleigh, LLC v. Triangle Constr. Co., Inc.
Motion to compel arbitration; Existence and scope of arbitration agreement; Construction of contract language.
Berens v. Berens
Equitable Distribution; 529 Savings Plan as Marital Property; No Court-Created Exceptions to Marital Property Definition
Blair v. Blair
equitable distribution
Burgess v. Smith
Subject-matter jurisdiction; challenge to superior court's subject-matter jurisdiction after entry of default judgment based on exclusivity provision of our Workers' Compensation Act, N.C. Gen. Stat. 97-10.1; superior court's refusal to resolve subject-matter jurisdiction challenge based on defenses of equitable estoppel and laches
DOT v. Jay Butmataji, LLC
condemnation, parking taking
Eddington v. Lamb
Child custody; temporary custody order becoming permanent by operation of time; sufficiency of findings supporting physical and legal custody awards; joint legal custody award with division of decision-making authority
In re: A.P.
Indian Child Welfare Act; Notice requirements to tribes, 25 U.S.C. 1912(a); Neglect and dependency adjudication.
In re: I.K. & K.M.
Reunification, Guardianship, Opportunity to Object, Required Findings
Press v. AGC Aviation LLC
summary judgment, interpretation of contract, unambiguous language