Appellate Court Opinions
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15,933 Appellate Court Opinions
Dean v. Rousseau
Rule 12(b)(6) motion to dismiss; Service of the complaint and summons on an uninsured motorist carrier; NCGS 20-279.21(b)(3)(a); and statute of limitations
In re: J.C.
Visitation; length of visitation; virtual visitation; neglect; prejudicial statements from the bench; case plan requirements; motion for review of visitation plan.
In re: S.O.C.
Termination of parental rights, required findings of fact to support adjudication, circumstances at the time of hearing
Jabari v. Jabari
Rule 60(b); Consent Domestic Violence Protection Order; No Findings of Fact or Conclusions of Law
State v. Ore
probation violation, unchallenged findings & conclusions, no notice of appeal, extension of supervision, direct criminal contempt, PWC, N.C. Gen. Stat. 1347, N.C. Gen. Stat. 5A-11
State v. Williams
defense of others; jury instruction; disqualifying felony; causal nexus; prejudicial error; motion to dismiss for insufficiency of the evidence.
Thompson v. Union Cty.
ordinance, zoning, board of adjustment, vested rights
Violette v. The Town of Cornelius
standing; zoning; action for declaratory judgment; trial court did not err in dismissing complaint for lack of standing where adjacent landowner only supported his allegations of standing with owner's opinion evidence of diminution in value and allegations did not allege how his property was affected by rezoning distinct from the community
Court of Appeals Published Opinions Filed May 17, 2022
Birchard v. Blue Cross & Blue Shield of N.C., Inc.
Subject Matter Jurisdiction, State Health Plan, Denial of Coverage, External Review Organization, Appeal to Industrial Commission, Sovereign Immunity
Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC
motor vehicle lien; legal possessor; N.C.G.S. 44A
Fox v. Fox
trusts and estates; North Carolina Uniform Trust Code; trial court did not err in dismissing claims for breach of fiduciary duty, constructive fraud, and civil conspiracy against trustees as individuals because breach of fiduciary duty claim stated time-barred claim challenging the validity of trust, claim for breach of trust against defendants as trustees did not state individual capacity claim, complaint failed to allege special circumstances creating fiduciary relationship as a matter of fact between beneficiary and trustees, and claim for civil conspiracy against trustees as individuals did not state an independent basis of liability; claims for breach of trust against trustees and claims for constructive fraud and civil conspiracy against trustees in their capacity as trustees were legally sufficient and trial court erred in dismissing them
In re: N.L.M., T.R.M. IV, N.S.W., C.M.
findings supported that DSS made reasonable efforts at preventing placement; findings supported that visitation was not in the juveniles' best interest; trial court erred in failing to inform parent of right to a review of visitation plan
In re: Terrell McIlwain
sex offender registration; reportable convictions; whether two offenses are substantially similar; N.C. Gen. Stat. § 14 208.6(4)(b)
Lakins v. The Western N.C. Conf. of the United Methodist Church
interlocutory appeal; motion to dismiss appeal; petition for writ of certiorari; facial or as-applied challenge; transfer of constitutional challenge to three-judge panel; subject-matter jurisdiction; ecclesiastical entanglement
Osborne v. Paris
Motor Vehicle Safety and Financial Responsibility Act; multiple tortfeasors in collision between motorcycle and car, one underinsured and one uninsured; victim covered by two uninsured policies and one combined uninsured/underinsured policy; summary judgment in favor of insurance carrier; carrier not obligated to pay beyond combined limit of policy; carrier not entitled to a credit against its uninsured policy for payment from tortfeasor's liability coverage; bad faith refusal to settle and unfair trade practices
State v. Collins
felonious possession of stolen goods and felony eluding arrest with a motor vehicle; trial court reserved ruling on motion to dismiss and allowed State to recall witness; no judicial partiality; no impropriety in prosecutor's closing argument
State v. Fritsche
sex-offender registration; N.C. Gen. Stat. 14-208.12A(a); equal protection; residency; termination petition
State v. Wilson
Felony murder; unpreserved juror challenge; motion to suppress custodial, noncustodial statements; jury instruction on lesser-included offense, second-degree murder; superior court transfer hearing.