Appellate Court Opinions
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15,933 Appellate Court Opinions
Court of Appeals Published Opinions Filed March 1, 2022
Batson v. Coastal Res. Comm'n
Attorneys' fees; trial court authority to award fees under N.C. Gen. Stat. 6-19.1 in judicial review proceeding challenging agency decision under N.C. Gen. Stat. 113A-121.1; substantial justification for agency decision; sufficiency of findings of fact
Blackwell v. NC Dep't of Pub. Instruction
worker's compensation, lump-sum award, weekly benefits, injury, uncommuted value, mortality table, unusual case
Dismas Charities, Inc. v. The City of Fayetteville
special use permit, zoning, halfway house, city council, denial, Standard 7, allows for the protection of property values, competent, material, substantial
Dunhill Holdings, LLC v. Lindberg
discovery sanctions, Rule 37(b)(2), final judgment, mootness, choice of sanctions
In re: C.H.M.
Adoptions NCGS Chapter 48; parental rights; biological father; Due Process; duty to support
In re: Magestro
Will Caveat; Declaratory Judgment; Mootness
Maddukuri v. Chintanippu
Stipulations for settlement and withdrawal of consent.
Parks v. Johnson
declaratory judgment; will interpretation; former spouse; decedent's siblings; North Carolina General Statutes Sections 31-5.4, 31-42(b); testator's intent; unfulfilled condition precedent; residuary devise; intestacy; reversed
Snow Enter., LLC v. Bankers Ins. Co.
bail bonds; quasi-estoppel; unjust enrichment; criminal defendant was estopped from recovering return of bond premium where defendant received the benefit of a re-written bond without notifying surety within a reasonable amount of time that defendant wanted return of bond premium rather than benefit of re-written bond, for which no premium was charged
State v. Essick
N.C. Gen. Stat. 15A-1340.17(f); statutory sentence enhancements; habitual felon; reportable convictions; sex-offender registry; unauthorized term of imprisonment
State v. Graham
Probation revocation; NCGS 15A-1344(a).
State v. Guin
Harbison error, implied concession of guilt, admission of facts not whole charges, jury instruction, lesser-included offenses, sufficiency of evidence, kidnapping, evidence of confinement distinct from concurrent assault
State v. Hales
Pro se defendant-appellant; violation of a local ordinance, N.C. Gen. Stat. 14-4; trial court's improper application of statutory sentencing requirements; motion to dismiss for selective prosecution; motion to suppress evidence.
State v. Julius
Motion to suppress, 4th amendment search; identity of driver; probable cause; reasonable suspicion; search incident to arrest; jury instructions.
State v. Pettiford
Probation; revocation; misdemeanor breaking or entering; competent evidence; and abuse of discretion.
Court of Appeals Published Opinions Filed February 15, 2022
Bryant v. Wake Forest Univ. Baptist Med. Ctr.
medical malpractice; object left in body during surgery; summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient; res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony; summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment; punitive damages claim failed where all other claims did not withstand summary judgment
Cty. of Mecklenburg v. Ryan
Service of process; notice; due diligence; real property; good faith purchaser; tax lien; tax collector; right of redemption; redemption; disability; email; petition for writ of certiorari; default judgment; confirmation of sale; upset bids; foreclosure; commissioner's deed; N.C. Gen. Stat. § 105-361; restitution
Dep't of Transp. v. Bloomsbury Est., LLC
Summary judgment; motion to consolidate; expert opinion of valuation; NCGS 47C-117(b); NCGS 47C-1-107; NCGS 1A-1, Rule 42(a); NCGS 136-108.