Court of Appeals Opinions

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Filed: 18 January 2022
Mandate: 7 February 2022
Zip File of Published Opinions

Case Title / Description
Dan King Plumbing Heating & Air Conditioning, LLC v. Harrison  (20-698 - Published)   Author: Judge Darren Jackson
unfair and deceptive practices; reliance on false signature could not be shown where party was unaware of the signature; trial court erred in concluding that claims for unfair and deceptive practices failed where party was sold duplicate warranties; remand required to determine the reasonableness of any reliance on duplicate warranties; trial court did not abuse its discretion in refusing to allow amendment of counterclaim during trial; trial court erred by failing to grant motion for directed verdict on defective workmanship claim because no expert testimony supported claim that workmanship was defective, as required; attorney's fees issue was not preserved for appellate review where no ruling was obtained on the request prior to appeal being noticed; trial court did not abuse its discretion in directing the order of closing arguments, if issue was preserved for appellate review
Daniel Allen Carmichael vs. Leo W. Cordell  (21-317 - Published)   Author: Judge John Tyson
Personal jurisdiction; minimum contacts; in personam jurisdiction, NCGS 1-75.4; in rem jurisdiction, NCGS 1-75.8; property located within NC; abuse of discretion.
Sprouse v. Mary B. Turner Trucking Co. LLC  (20-874 - Published)   Author: Judge John Tyson
Workers compensation; NCGS 97-22; causal relation; timely notice; burden to show lack of prejudice.
In re: A.P.  (21-310 - Published)   Author: Judge Jeff Carpenter
Permanency planning order; reasonable accommodations for respondent-parent; sufficient findings of fact and conclusions of law; visitation order; substantial discretion to guardian over visitation; future review hearings
Davis v. Lake Junaluska Assembly, Inc.  (21-333 - Published)   Author: Judge John Tyson
Summary judgment; NCGS 47F; NC Planned Community Act; Applicability; Assessments; Disclosure of records;
State of NC Ex. Rel. Utils. Comm'n v. Friesian Holdings, LLC  (20-867 - Published)   Author: Judge Lucy Inman
North Carolina Utilities Commission; independent solar energy plant; certificate of public convenience and necessity; North Carolina General Statutes Section 62-110.1(a); FERC crediting policy; no federal preemption; levelized cost of transmission test; cost to ratepayers; purchase power agreement; affirm the Commission's denial of application
State v. Crew  (20-721 - Published)   Author: Judge Richard Dietz
Motion to dismiss; leading question during direct examination; plain error; restitution; authority to immediately convert restitution award to civil judgment
State v. Guinn  (21-153 - Published)   Author: Judge Valerie Zachary
modification of probation; right to counsel; waiver; N.C. Gen. Stat. 15A-1242; subject-matter jurisdiction
State v. Heath  (20-715 - Published)   Author: Judge Donna Stroud
motion to suppress, conflicting material evidence
State v. Cataldo  (20-740 - Published)   Author: Judge Allegra Collins
Motion for Post Conviction Discovery; Motion for Appropriate Relief; law of the case doctrine; scope of discovery order; in camera review; Pennsylvania v. Ritchie
State v. Perkins  (20-572 - Published)   Author: Judge Hunter Murphy
Lifetime satellite-based monitoring; initials used in an indictment; aggravated sex offender.
State v. Brichikov  (20-660 - Published)   Author: Judge Hunter Murphy
Lesser included instruction; involuntary manslaughter; culpable negligence; prejudicial error; State v. Debiase.
State v. Steele  (20-894 - Published)   Author: Judge Valerie Zachary
embezzlement; fiduciary duty; jury instructions
State v. Ward  (21-303 - Published)   Author: Judge John Tyson
Sixth amendment, right to counsel, self-representation, expert witness, bolstering credibility of prosecuting witness, plain error review, ineffective assistance of counsel.
Monroe v. MV Transp.  (21-316 - Published)   Author: Judge John Arrowood
North Carolina Industrial Commission; disability benefits; showing of futility; remanded for further findings.
Unpublished Opinions
18 January 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 7 February 2022 

Enoch v. Monarch (20-585 - Unpublished)   Author: Judge Richard Dietz
Workers' compensation; denial of additional treatment; award of attorneys' fees for unfounded litigiousness under N.C. Gen. Stat. 97-88.1
Kim v. Calloway (21-52 - Unpublished)   Author: Judge Richard Dietz
Contempt; failure to pay child care expenses under court order; willfulness requirement; insufficient findings of fact
Lorrie Roth v. Karl Roth (21-84 - Unpublished)   Author: Judge Valerie Zachary
modification of child support; calculation of gross income; witness credibility; issue abandoned on appeal
Matter of JJZB (21-457 - Unpublished)   Author: Judge John Arrowood
Modification of child custody order; substantial change of circumstances; N.C.G.S. 50-13.7
Reid Goldsby Miller vs. E.ern Band of Cherokee Indians. (21-206 - Unpublished)   Author: Judge April Wood
Motion to dismiss; sovereign immunity; tribal defendants; Native American tribe; Eastern Band of Cherokee Indians; interlocutory; appellate jurisdiction; real property; easements
Revis v. Schleder (21-360 - Unpublished)   Author: Judge April Wood
Res ipsa loquitur; negligence; medical negligence; medical malpractice; special pleading requirements; Rule 9(j); Rules of Civil Procedure; motion to dismiss; interlocutory appeal; appellate jurisdiction; and vicarious liability.
State v. Adel Hugayes (20-756 - Unpublished)   Author: Judge Hunter Murphy
Invited instructional error; indecent liberties; double jeopardy.
State v. Kenneth Ray Dawson (21-372 - Unpublished)   Author: Judge John Arrowood
Anders brief; prior record level; sentence dispositions; sentence duration
State v. Michael Denier Johnson (20-820 - Unpublished)   Author: Judge Richard Dietz
Ineffective assistance of counsel claim; opening door to inadmissible evidence; sufficiency of evidence of two separate assaults
Tonisha McGirt v. Durham Cnty. Gov't. (21-261 - Unpublished)   Author: Judge Darren Jackson
wrongful death while in custody; interlocutory appeal based on sovereign, governmental, or qualified immunity; trial court correctly granted in part and denied in part motion to dismiss; no immediate appeal of right existed from trial court's denial of claim for temporary or permanent injunction
Woodforest Nat'l Bank v. Edwards Bros. Malloy, Inc. (20-217 - Unpublished)   Author: Judge Hunter Murphy
Right to appeal; motion to intervene; Rule 3; abandonment.
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 22 PETITIONS AND 126 MOTIONS.


Filed: 4 January 2022
Mandate: 24 January 2022
Zip File of Published Opinions

Case Title / Description
Asare v. Asare  (20-708 - Published)   Author: Judge Donna Stroud
alimony, divisible property, unequal distribution
In re: K.H.  (21-379 - Published)   Author: Judge Allegra Collins
Trial court did not err in adjudicating juvenile neglected, N.C. Gen. Stat. § 7B-101(15); trial court properly admitted drug test results pursuant to the business records exception to the hearsay rule, N.C. Gen. Stat. § 8C-1, Rule 803(6), trial court did not abuse its discretion in juvenile disposition order.
State v. Thompson  (20-434 - Published)   Author: Judge Hunter Murphy
Motion to dismiss; fleeing to elude arrest; reasonable articulable suspicion; probable cause; N.C.G.S § 15A-401.
State v. Hogan  (20-795 - Published)   Author: Judge Donna Stroud
excuse juror for cause; clerical error
State v. Redmond  (21-212 - Published)   Author: Judge Jefferson Griffin
Fatal variance, special property interest, injury to personal property, restitution, unsold property, market value not speculative
Barus v. Coffey  (20-823 - Published)   Author: Judge Donna Stroud
Rule 12(b)(6), motion to modify child support
Unpublished Opinions
4 January 2022  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 24 January 2022 

Albright v. Equity Lifestyle Properties, Inc. . (20-900 - Unpublished)   Author: Judge Jeff Carpenter
motion to compel arbitration; arbitration; substantial right; wrongful death; scope of arbitration; validity of arbitration agreement
Dotson v. Barber (21-45 - Unpublished)   Author: Judge Donna Stroud
untimely notice of appeal
Genevieve Carter Vance v. Laurels Healthcare Holdings (21-198 - Unpublished)   Author: Judge Jeff Carpenter
Workers' Compensation Act; injury by accident; extra exertion; insufficient finding of fact and conclusion of law; reversed and remanded
Hendrixson v. NCDHHS, DHB (20-282 - Unpublished)   Author: Judge Hunter Murphy
Medicaid; Medicare; dual eligible; N.C.G.S. § 108A-55.1; unpromulgated rule; Duke Univ. Med. Ctr. v. Bruton.
In re DB and MB (21-426 - Unpublished)   Author: Judge Jefferson Griffin
Child custody, cessation of reunification as secondary plan
In re: T.C.M. (21-242-2 - Unpublished)   Author: Judge Chris Dillon
juvenile, caretaker, reunification, visitation, grandfather, mental health, placement, removal parent, dependent, venue, minor, subject matter jurisdiction, standing, social services, DSS, conflict of interest, disposition, adjudication
In the Matter of K.T.B. (21-435 - Unpublished)   Author: Judge Darren Jackson
independent review under Anders and In re LEM revealed no meritorious issue where counsel did not argue error in trial proceedings
Joseph Fleming . v. Cedar Mgmt. Grp., LLC (21-213 - Unpublished)   Author: Judge Valerie Zachary
motion to dismiss; transfer fee; Chapter 39A; denial of leave to amend complaint
Lantz and Liebscher v. Lantz (21-168 - Unpublished)   Author: Judge Allegra Collins
Grandparent custody; standing; consent order; N.C. Gen. Stat. 50-13.1
Reverse Mortg. Solutions, Inc. v. Dufault (21-159 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Failure to State a Claim; Quiet Title; Description of Land in Deed
State of N. Carolina v. Broderick Tywone Ruth (20-657 - Unpublished)   Author: Judge April Wood
Attempted murder; possession of a firearm by a felon; discharging a firearm into an occupied vehicle in operation; attempted murder; felony fleeing to elude arrest; assault with a deadly weapon with intent to kill; jury selection; voir dire; Batson objection; racial discrimination; moot; burden of proof; race-neutral explanation; and assault with a firearm on a law enforcement officer.
State of N. Carolina v. Comanche Brooks Locklear (20-790 - Unpublished)   Author: Judge Chris Dillon
First-degree murder, robbery, dangerous weapon, search warrant, plea deal, ineffective assistance of counsel, trial counsel, prejudice, jury
State of N. Carolina v. Eric Pierre Stewart (21-101 - Unpublished)   Author: Judge Chris Dillon
sexual assault, massage, sexual battery, sexual offense, indictment, essential element, force, purpose, subject matter jurisdiction
State of N. Carolina v. James A. Cox (21-290 - Unpublished)   Author: Judge Tobias Hampson
Pro Se Filing; Motion for Appropriate Relief
State of N. Carolina v. Phillip Dakota Miles (20-853 - Unpublished)   Author: Judge Darren Jackson
State v. Daw (20-842 - Unpublished)   Author: Judge Darren Jackson
trial court did not err in denying the defendant's motion to dismiss because substantial evidence existed of his deceptive intent
State v. James Arthur Acklin (21-385 - Unpublished)   Author: Judge Jefferson Griffin
Alford plea, sufficiency of indictment, obstruction of justice, essential element, repudiation of plea
State v. Tiffany Leigh Marion (20-729 - Unpublished)   Author: Judge April Wood
Equal protection; selective prosecution; racial discrimination; similarly situated; felony murder; accessory after the fact; motion for appropriate relief; post-conviction discovery; findings of fact; conclusions of law; evidentiary hearing; competent evidence; and petition for writ of certiorari.
State v. Tyrone Bowens (20-796 - Unpublished)   Author: Judge April Wood
Dismissed, plea, plea agreement, factual basis, writ of certiorari.