Appellate Court Opinions
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15,837 Appellate Court Opinions
Little River, LLC v. Lee Cty.
special use permit; prima facie showing; standing; de novo and whole record review; sufficiency of the evidence.
McVicker v. Bogue Sound Yacht Club, Inc.
Planned Community Act (PCA) NCGS 47F-1-101 et seq.; posting a bond; restrictive covenants; power to fine under the PCA; mootness; summary judgment; Homeowners' Associations.
Mid-Am. Apartments, L.P. v. The Block At Church Street Owners Ass'n, Inc.
Illegal Contracts; Permanent Injunction; Summary Judgment; Easements
Mkt. Am., Inc. v. Lee
Voluntary dismissal; bad faith; interlocutory appeal; covenant not to compete
Proffitt v. Gosnell
Summary Judgment - Contributory Negligence and Last Clear Chance
Ring v. Moore Cty.
Standing for an adjacent landowner's challenge to a rezoning ordinance
State v. Barker
Rule 702; Admissibility of HGN test results; Daubert Standard
State v. Fuller
4th Amendment; warrantless search of defendant's person; search incident to arrest; motion to suppress; plain error review; new argument on appeal not considered by trial court.
State v. Malloy
Hit and Run Resulting in Death; Hit and Run Resulting in Injury; Lesser Included Offense
State v. Pena
Sixth Amendment right of counsel, clear and unequivocal waiver required, knowing and voluntary waiver of right to counsel, misconduct
State v. Santifort
Rule 60(b) motion; special proceedings; Rule 24 motion to intervene; subject matter jurisdiction
The NC State Bar v. Foster
Attorney discipline; magistrates as judicial officers; meaning of tribunal; conduct prejudicial to the administration of justice; N.C. Rules of Professional Conduct 3.5(a)(4)(B) and 8.4(d)
The NC State Bar v. Livingston
Rules of Professional Conduct; Disciplinary Hearing
Tillett v. Town of Kill Devil Hills
Public Record Request; No Jurisdiction; Jurisdictional vs. Procedural Rules
Walton NC, LLC v. The City of Concord
Re-zoning; common law vested rights; expired plat approval, development agreements.
Wilson v. SunTrust Bank
Trial court presumed to have jurisdiction
WLAE, LLC v. Edwards
Prejudicial effect of appeal dismissal on subsequent appeal; Rule 12(b)(1); subject matter jurisdiction; standing; Rule 17(a); substitution; ratification
Supreme Court Opinions Filed December 8, 2017
Easter-Rozzelle v. City of Charlotte
Workers' Compensation Act; application of N.C.G.S. 97-10.2, which states the rights and obligations of an employer and employee regarding payment of benefits under the Act when the employee recovers a settlement in a common law action for damages against a third-party tortfeasor.
State v. Dick
Whether the trial court erred in giving a disjunctive jury instruction on one of the elements of first-degree sexual offense; whether the error was prejudicial to defendant.