Court of Appeals Slip Opinions
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Filed: 4 February 2026 Mandate: 24 February 2026 Zip File of Published Opinions Case Title / Description | |
| Advisor Law, LLC v. Holland (24-1035 - Published)
motion to compel arbitration, summary judgment, breach of contract, choice of law, forum selection clause, contract interpretation, de novo, affirmed. | |
| Cohen v. Hefetz (25-39 - Published)
Child custody; Adjudicate evidence; Required findings; Best interest of child; Parent relocating to foreign jurisdiction; Ramirez-Barker factors; | |
| Cunningham v. Cunningham (25-276 - Published)
equitable distribution, divisible property, required findings | |
| Flores v. Gutierrez (25-457 - Published)
child support order; "closed" docket entries; error in treating temporary child support order as a permanent child support order; deviation from presumptive start date of the child support obligation; deviation from Child Support Guidelines; no abuse of discretion by imputing business expenses based on most recent verified financial information. | |
| Griffin v. Brown (25-524 - Published)
Dental malpractice; Summary Judgment for Defendants; Rule 9(j) Expert Testimony; Prima Facia claims; Lack of Proximate Cause; Corporate Negligence; Respondent Superior; Negligent Supervision; | |
| Roybal v. Raulli (23-983 - Published)
Servicemembers Civil Relief Act, motion to continue, civil contempt, custody modification | |
| State v. Gibbon (25-415 - Published)
distinguishing presentment and indictment, fatal variance, misdemeanor death by vehicle | |
| State v. Julius (25-277 - Published)
automobile exception, warrantless search, good faith exception | |
| State v. Pride (25-367 - Published)
motion to dismiss; possession of a firearm by a felon; State presented sufficient evidence to support each element of possession of a firearm by a felon; N.C. Gen. Stat. 14-415.1 is facially constitutional. | |
| State v. Toomer (24-1102 - Published)
North Carolina Rule of Evidence 609(b), Required Findings of Fact, N.C. Const. Art. I, Section 24 | |
| Valle Cay Prop. Owners Ass'n, Inc. v. Slocum Mountain Real Est., LLC (25-532 - Published)
Rule 12(b)(6) motion to dismiss; Restrictive covenants; Vertical and Horizontal Privity; light most favorable to nonmoving party | |
| Unpublished Opinions 4 February 2026 - Rule 30e - Zip File of Unpublished Opinions Mandate: 24 February 2026 | |
| Bettis v. Weiss (25-258 - Unpublished)
Summary Judgment; Rule 56; Easement by Plat; Prescriptive Easement | |
| Harris v. McLeod (24-834 - Unpublished)
Equitable mortgage; affidavit; summary judgment; N.C. Gen. Stat. §1A-1, Rule 56(c); N.C. Gen. Stat. §1A-1, Rule 56(e) | |
| In re: A.G.S., C.L.S., Jr. & L.J.S. (25-115 - Unpublished)
North Carolina Rules of Appellate Procedure Rule 3.1(e) no-merit brief; termination of parental rights; N.C.G.S. 7B-1111(a); neglected and dependent. | |
| Plyler v. Meade (25-441 - Unpublished)
medical malpractice claim; Rules 12(b)(2) & 12(b)(5); insufficient service of process; no service of actual summons and complaint; no personal jurisdiction. | |
| Ray v. TitleMax of Va., Inc. (25-378 - Unpublished)
Personal jurisdiction; Minimum contacts; Motion to dismiss; Purposeful availment | |
| State v. Anderson (25-215 - Unpublished)
Illegal Drugs; Probable Cause; Search Warrant; Staleness; Possession of a Firearm by a Felon; Unpreserved Arguments; Plain Error Review; | |
| State v. Chandler (25-459 - Unpublished)
juror competency; impartiality; trial court inquiry; indecent liberties. | |
| State v. Duncan (25-218 - Unpublished)
Castle doctrine; Defense of habitation; Jury instructions; Plain error; Video evidence | |
| State v. Hubbard (25-102 - Unpublished)
Pro se defendant; Competency hearing; Waiver of counsel | |
| State v. Jackson (25-67 - Unpublished)
Petition for Certiorari; Motion to Dismiss; Motion to Withdraw; Alford plea; Sufficiency of Factual Basis; Handy factors; Voluntary Plea | |
| State v. Johnson (24-831 - Unpublished)
Motion for Appropriate Relief; Ineffective Assistance of Counsel; Felony Child Abuse | |
| State v. Kniest (24-669 - Unpublished)
right to counsel; request for continuance; absolute impasse. | |
| State v. Reid (25-312 - Unpublished)
Personal-opinion expression; prejudicial error. | |
| State v. Rogers (25-337 - Unpublished)
Jurisdiction; jurisdictional and non-jurisdictional deficiencies; indictments | |
| State v. Swain (25-463 - Unpublished)
First Degree Murder; Closing Arguments; Improper Comment; Plain Error; | |
| State v. Tran (24-775 - Unpublished)
petition for writ of certiorari; pwc; writ of cert; abuse of discretion; sentencing; substantial assistance; motion to continue; continuance; constitutional right; effective assistance of counsel | |
| State v. Williams (25-568 - Unpublished)
Post-Conviction DNA Testing; Anders brief; no materiality | |
| Watts v. Watts (24-1090 - Unpublished)
judicial function in determining visitation, resolve material issues, competent evidence in custody cases |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 317 MOTIONS.
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Filed: 21 January 2026 Mandate: 10 February 2026 Zip File of Published Opinions Case Title / Description | |
| Eagles v. Integon Indem. Corp. (25-263 - Published)
receivership; venue; standing | |
| Firley v. Town of Marshall (25-408 - Published)
Inverse condemnation; municipal control; competent evidence. | |
| Lawrence v. Lawrence (25-304 - Published)
equitable distribution; marital property; expert credibility determination; company accounts; company valuation; property valuation. | |
| LDI Shallotte 179 Holdings, LLC v. State of N.C. Dep't of Envtl. Quality (24-443 - Published)
temporary regulatory taking, inverse condemnation, stormwater permit, motion to dismiss, summary judgment, res judicata, issue preclusion, contested case hearing, declaratory judgment, due process violation. | |
| State v. Braswell (25-286 - Published)
IMPEACHMENT, RULE 608(A), CHARACTER FOR TRUTHFULNESS, OPEN THE DOOR, REHABILITATIVE EVIDENCE, PREJUDICE, CREDIBILITY, ABUSE OF DISCRETION, NEW TRIAL | |
| State v. Haizlip (25-469 - Published)
Motion for appropriate relief, MAR, procedural bar, N.C.G.S. § 15A-1419, retroactive change in law, forfeiture of counsel, State v. Simpkins, 373 N.C. 530 (2020). | |
| State v. Robinson (25-199 - Published)
Prejudicial Error; Prejudice; Closing argument; Opening argument; Rule 10; Expert Testimony; Confrontation Clause; Double Jeopardy; Death by Distribution; Sale and/or Delivery of a Controlled Substance; Ineffective Assistance of Counsel | |
| Unpublished Opinions 21 January 2026 - Rule 30e - Zip File of Unpublished Opinions Mandate: 10 February 2026 | |
| Ceasar v. Savyelyeva (25-170 - Unpublished)
Child custody; attorney’s fees; N.C. Gen. Stat. § 50-13.6; good faith; genuine dispute over the custody of a minor child | |
| Clements v. ARC NCCHRNC001, LLC (25-488 - Unpublished)
Interlocutory appeal; Substantial right; Inconsistent verdicts; Motion to dismiss. | |
| In re: A.B.T. (25-100 - Unpublished)
Juvenile adjudication; disorderly conduct, sufficiency of evidence | |
| In re: D.B., J.M. (24-51 - Unpublished)
nonsecure custody, abuse, neglect, dependency, petition, subject-matter jurisdiction, permanency-planning order, reunification, motion for review, affirmed. | |
| Integon Indem. Corp. v. Eagles (25-264 - Unpublished)
receivership; venue; standing; motion to dismiss | |
| Long Props., LLC v. City of Trinity (25-278 - Unpublished)
interpretation of zoning regulations; standard of review | |
| Meyer v. Gribben (25-88 - Unpublished)
child custody; sufficient findings | |
| Ross v. N.C. Dep't of Adult Corr. (24-920 - Unpublished)
tort claims act; negligence; industrial commission; damages; competent evidence; expungement | |
| State v. Bollinger (25-269 - Unpublished)
Ineffective assistance of counsel. | |
| State v. Britt (25-431 - Unpublished)
Anders brief; PWC; motion to dismiss; simple assault. | |
| State v. Cain (25-544 - Unpublished)
Robbery with a Dangerous Weapon; Felony Murder; Jury Instructions; Motion to Dismiss; Duress | |
| State v. Darden (24-568 - Unpublished)
Anders brief; motion to dismiss; jury instruction; lesser included offense; prior record level. | |
| State v. Hernandez (25-468 - Unpublished)
Legal Nullities; Waiver of Counsel; Pro Se; Right to Effective Assistance of Counsel; Right to a Speedy Trial. | |
| State v. Madsen (25-52 - Unpublished)
Present Recollection Refreshed; Past Recollection Recorded; Substantive Evidence; Corroborative Evidence; Improper Vouching; No Plain Error. | |
| State v. Montague (25-224 - Unpublished)
Probation revocation; good cause | |
| State v. Roger-Stubbs (25-531 - Unpublished)
N.C.G.S. § 14-451.1, Rule 2, possession of a firearm by a felon. | |
| State v. Wall (25-200 - Unpublished)
Lay-opinion tesimony; ineffective assistance of counsel. | |
| State v. Wilson (21-34-2 - Unpublished)
Batson hearing, procedural requirements, prima facie case | |
| Taylor v. Myers (25-169 - Unpublished)
Child custody; Temporary–permanent orders; Intervenors. |
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 35 PETITIONS AND 317 MOTIONS.
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Filed: 7 January 2026 Mandate: 27 January 2026 Zip File of Published Opinions Case Title / Description | |
| Crumel v. Morton (25-372 - Published)
Voluntary Dismissal; Relief from Judgment; Motion to Enforce Settlement | |
| Hays v. Lewis (24-872 - Published)
North Carolina Domestic Violence Act; N.C. Gen. Stat. Chapter 50B; Domestic Violence Protective Order; ex parte DVPO; DVPO entered after notice and opportunity to be heard; one-year DVPO; one-year time limitation; N.C. Gen. Stat. § 50B-3; N.C. Gen. Stat. § 50B-3(b); N.C. Gen. Stat. § 50B-2(c)(5); statutory construction; plain meaning; statutory construction in context; Rudder v. Rudder | |
| In re: Russo (25-321 - Published)
A law firm, as a corporate entity, may not serve as trustee of a trust or executor of a will without being authorized under N.C. Gen. Stat. § 53-303(a). | |
| Randolph Cnty. Bd. of Educ. v. Stein (25-130 - Published)
environmental enhancement grants program; declaratory judgment; motion to dismiss; civil penalties; Article IX, Section 7 of the North Carolina Constitution; Article V, Section 7 of the North Carolina Constitution; appropriations clause; gift clause; Article IX, Section 6 of the North Carolina Constitution. | |
| State v. Hodges (25-50 - Published)
motion to dismiss; N.C.R. App. P. 10(a)(3); ineffective assistance of counsel; motion for appropriate relief; civil judgment for attorney's fees | |
| State v. Leggett (25-288 - Published)
Rule of Evidence 901; authentication of video; satellite-based monitoring; N.C. Gen. Stat. § 14-208.40A | |
| State v. Oakes (25-247 - Published)
Ineffective assistance of counsel; Competency; Psychiatric report; Sua sponte competency hearing; North Carolina Rules of Evidence Rule 901. | |
| State v. Phillips (25-275 - Published)
felony stalking; sufficient indictment; State v. Singleton; assault with a firearm on a law enforcement officer; jury instruction; no affirmative defense presented at trial to support giving the requested jury instruction; no evidence presented at trial to support giving the requested jury instruction | |
| State v. Simpson (24-1092) - [Withdrawn by order of the Court] Statutory Interpretation; Lenity; Concealed Firearm Statute; Probationary Period; No Prejudicial Error | |
| State v. White (25-470 - Published)
Competent evidence; motion to suppress; police checkpoints; probable cause. | |
| Stein v. Hall (25-745 - Published)
Separation of Powers; Gubernatorial appointments; Building Code Council; Utilities Commission; Appellate Judicial Vacancies; Facial Constitutional Challenge; Summary Judgment; Three Judge Panel; | |
| US Right to Know v. The Univ. of N.C. at Chapel Hill (25-420 - Published)
Statutory interpretation; N.C. Gen. Stat. § 132-1; canon of last antecedent; N.C. Gen. Stat. § 116-43.17; plain meaning | |
| Unpublished Opinions 7 January 2026 - Rule 30e - Zip File of Unpublished Opinions Mandate: 27 January 2026 | |
| Blaylock's Glen Homeowners Ass'n, Inc. v. Jones (25-691 - Unpublished)
Homeowners Association; Summary Judgment; | |
| Brown v. Take 5 LLC (25-497 - Unpublished)
personal jurisdiction, Rule 12(b)(2), standard of review, abandoned argument. | |
| Butler v. Millennium Advisors, LLC (25-166 - Unpublished)
NCWHA, UDTP, severance payment, non-compete payment | |
| In re: C.D.W. (24-1088 - Unpublished)
Custody; Termination of Parental Rights; Willful Abandonment; Credibility; Private TPR Petition; Contempt Motion; Chapter 7B; Chapter 50. | |
| In re: M.B. (25-315 - Unpublished)
termination of parental rights; best interests of the child; abuse of discretion; N.C.G.S. § 7B-1110(a); permanency planning. | |
| Levinsky v. Levinsky (25-245 - Unpublished)
separation agreements; evidence supports trial court's findings and conclusions that the agreements are binding and enforceable; child support payments; competent evidence supports the trial court's calculation of unpaid child support; statute of limitations. | |
| Mar. Advisors, LLC v. HC Composites, LLC (25-40 - Unpublished)
limited liability company; LLC; corporation; motion to dismiss; motion to substitute; involuntary dissolution; ratification; contract; standing; subject matter jurisdiction; real party in interest | |
| Moore v. Richmen Enters., LLC (24-509 - Unpublished)
Rule 59 motion for a new trial; Rule 50 motion for judgment notwithstanding the verdict; Rule 42 motion to bifurcate; N.C. Gen. Stat. § 1A-1, Rule 42, N.C. Gen. Stat. § 1A-1, Rule 50, N.C. Gen. Stat. § 1A-1, Rule 59; stream of commerce; negligence; product liability; implied warranty of merchantability; implied warranty of fitness for a particular purpose; sealed-container defense; N.C. Gen. Stat. § 99B-2(a); directed verdict; JNOV | |
| Peace v. Willis (25-361 - Unpublished)
Option contracts. | |
| Sanders P'ship, LLC v. City of Charlotte (24-604 - Unpublished)
Zoning Ordinance; Variance; Board of Adjustment; Standards of Review: Whole Record; De Novo; Arbitrary and Capricious. | |
| Sargent v. N.C. Bd. of Nursing (25-356 - Unpublished)
petition for judicial review; NC Board of Nursing; Final Decision and Non-Disciplinary Order; order remands case to the Board for further proceedings; interlocutory order | |
| State v. Hayes (25-380 - Unpublished)
motion to dismiss; attempted first-degree murder; assault with a deadly weapon with intent to kill; jury instructions; lesser-included offense | |
| State v. Hoffman (25-313 - Unpublished)
Rule 104(b), Rule 404(b), Rule 403, witness testimony, prior bad acts, absence of mistake, improper vouching, plain error, ex mero motu, ineffective assistance of counsel, cumulative error, misdemeanor assault on a child under the age of twelve. | |
| State v. Ingram (23-748-2 - Unpublished)
Article I, Section 24; verdict by jury of twelve; N.C.G.S. § 15A-1215; presumed to follow instructions | |
| State v. Jenkins (25-131 - Unpublished)
Jury Instructions; Involuntary Manslaughter; Second-degree murder; Jury Request; Abuse of Discretion. | |
| State v. Miller (25-95 - Unpublished)
sufficiency of evidence, fatal variance, jury instruction, effective assistance of counsel | |
| State v. Richards (24-1037 - Unpublished)
Indecent Liberties; Improper Vouching; No Plain Error; Mistrial; Sua Sponte | |
| State v. Stockton (25-214 - Unpublished)
Motiomn to suppress; reasonable suspicion; PRL calculation. | |
| State v. Williams (24-838 - Unpublished)
Evidence; Witness Identification; Fifth Amendment; Jury Request; Authentication; Cumulative Error; Prejudicial Error; Ex Mero Motu; Closing Argument | |
| Whitaker v. Hall (25-486 - Unpublished)
civil contempt; purge condition | |