Appellate Court Opinions

Slip opinions (court's decision in a case) filed and written by the justices of the Supreme Court or judges of the Court of Appeals

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15,933 Appellate Court Opinions

, Supreme Court , 279A20 (Justice Phil Berger Jr.) , Published
State v. Hamer

Defendant was charged with speeding under N.C.G.S. 20-141(j1). Defendant appealed to the Court of Appeals arguing his waiver of his right to a jury trial was not knowing and voluntary under N.C.G.S. 15A-1201. Defendant appeals to this Court arguing the Court of Appeals erred when it held that he was not prejudiced by the trial court's error and that his waiver was knowing and voluntary.

, Supreme Court , 119PA20 (Justice Phil Berger Jr.) , Published
State v. Parker

Defendant petitions for review of the Court of Appeals decision holding that there was no error in his conviction of possession of a firearm by a felon arguing that the trial court failed to intervene ex mero motu to the State's misstatements during closing arguments.

, Supreme Court , 436A19 (Per Curiam) , Published
Window World of Baton Rouge, LLC v. Window World, Inc.

Appeal pursuant to N.C.G.S. 7A-27(a)(3) from an order and opinion on Window World defendants' motions to compel and motion to strike plaintiffs' objections to third-party subpoenas, from an order and opinion on Window World, Inc.'s motion to compel net worth information, from an order and opinion on Window World defendants' motion for reconsideration, and from an order and opinion on plaintiffs' privilege motions, Window World defendants' motion to strike, and the parties' Rule 53(g) exceptions to the special master's report.

, Court of Appeals , COA20-442 (Judge Valerie Zachary) , Published
Craven Cty. v. Hageb

child support; insufficient findings of fact; computation of gross income; credit for biological child

, Court of Appeals , COA20-473 (Judge John Arrowood) , Published
Fazzari v. New Hanover Reg'l Med. Ctr.

trial court properly granted all defendants' motions to exclude plaintiffs' sole standard-of-care expert witness and motions to dismiss pursuant to Rule 9(j) and for summary judgment

, Court of Appeals , COA20-879 (Judge Valerie Zachary) , Published
In re: K.M.

temporary suspension of supervised visitation; COVID-19; costs of visitation

, Court of Appeals , COA20-745 (Judge John Tyson) , Published
Richardson v. The Goodyear Tire & Rubber Co.

Worker's Compensation; NCGS 97-25(f); NCGS 97-2(19); NCGS 97-88.1; frivolous appeal; medical compensation; attorney's fees; abuse of discretion; cross appeal.

, Court of Appeals , COA20-575 (Judge Allegra Collins) , Published
State v. Gibson

insufficient evidence of every essential element for the offense of breaking or entering a motor vehicle

, Court of Appeals , COA20-273 (Judge Richard Dietz) , Published
State v. Lance

Arson; motion to dismiss; application of requirement that defendant burned the dwelling house of another where other inhabitant was co-conspirator in arson plan; admission of expert testimony on fire investigation and cause of fire; Rule 702 reliability determination; jury instructions on insurance fraud; plain error; sufficiency of evidence to support restitution

, Court of Appeals , COA20-452 (Judge Allegra Collins) , Published
State v. McKoy

Admissibility of lay witness identifications, Rule of Evidence 701; sufficient evidence of felony larceny; restitution, N.C. Gen. Stat. 15A-1340.34, N.C. Gen. Stat. 1340.36, review of ability to pay prior to ordering restitution.

, Court of Appeals , COA19-962-2 (Judge Chris Dillon) , Published
Benson v. Prevost

easement, map, driveway, boat, deed, parking, conveying, conveyance, depicted, recorded, slips, ingress, parties, egress, attorney's fees, easement rights, reasonable use, trial court, interfere, rights, gate, summary judgment, right to use, purchaser, adjacent, appears, feet

, Court of Appeals , COA19-976 (Judge Richard Dietz) , Published
C Invs. 2, LLC v. Auger

Challenge to decades-old covenants in residential subdivision; Real Property Marketable Title Act; exception for covenants that are part of a scheme of development and that restrict the property to residential use only, or more narrowly to multi-family or single-family residential use only; statutory construction

, Court of Appeals , COA20-545 (Judge John Arrowood) , Published
DiPrima v. Vann

trial court erred by (1) failing to make findings of defendant's intent before entering no-contact order; (2) considering conduct that did not occur in NC; and (3) basing its order on incidents when defendant was not sixteen years of age

, Court of Appeals , COA20-405 (Judge John Tyson) , Published
Exec. Off. Park of Durham Ass'n, Inc. v. Rock

Non-judicial power of sale foreclosure; order of sale; redemption payment; fees, fines and interest; NC Unit Ownership Act NCGS sec. 47A; NC Condominium Act NCGS sec. 47C.

, Court of Appeals , COA20-399 (Judge Tobias Hampson) , Published
Miller v. Carolina Coast Emer. Physicians, LLC

Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. 90-21.12; Summary Judgment

, Court of Appeals , COA20-382 (Judge John Tyson) , Published
Murray v. Deerfield Mobile Home Park

Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest.