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)
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)
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)
Workers compensation; NCGS 97-22; causal relation; timely notice; burden to show lack of prejudice. | |
| In re: A.P. (21-310 - Published)
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)
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)
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)
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)
modification of probation; right to counsel; waiver; N.C. Gen. Stat. 15A-1242; subject-matter jurisdiction | |
| State v. Heath (20-715 - Published)
motion to suppress, conflicting material evidence | |
| State v. Cataldo (20-740 - Published)
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)
Lifetime satellite-based monitoring; initials used in an indictment; aggravated sex offender. | |
| State v. Brichikov (20-660 - Published)
Lesser included instruction; involuntary manslaughter; culpable negligence; prejudicial error; State v. Debiase. | |
| State v. Steele (20-894 - Published)
embezzlement; fiduciary duty; jury instructions | |
| State v. Ward (21-303 - Published)
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)
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)
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)
Contempt; failure to pay child care expenses under court order; willfulness requirement; insufficient findings of fact | |
| Lorrie Roth v. Karl Roth (21-84 - Unpublished)
modification of child support; calculation of gross income; witness credibility; issue abandoned on appeal | |
| Matter of JJZB (21-457 - Unpublished)
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)
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)
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)
Invited instructional error; indecent liberties; double jeopardy. | |
| State v. Kenneth Ray Dawson (21-372 - Unpublished)
Anders brief; prior record level; sentence dispositions; sentence duration | |
| State v. Michael Denier Johnson (20-820 - Unpublished)
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)
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)
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.
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Filed: 4 January 2022 Mandate: 24 January 2022 Zip File of Published Opinions Case Title / Description | |
| Asare v. Asare (20-708 - Published)
alimony, divisible property, unequal distribution | |
| In re: K.H. (21-379 - Published)
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)
Motion to dismiss; fleeing to elude arrest; reasonable articulable suspicion; probable cause; N.C.G.S § 15A-401. | |
| State v. Hogan (20-795 - Published)
excuse juror for cause; clerical error | |
| State v. Redmond (21-212 - Published)
Fatal variance, special property interest, injury to personal property, restitution, unsold property, market value not speculative | |
| Barus v. Coffey (20-823 - Published)
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)
motion to compel arbitration; arbitration; substantial right; wrongful death; scope of arbitration; validity of arbitration agreement | |
| Dotson v. Barber (21-45 - Unpublished)
untimely notice of appeal | |
| Genevieve Carter Vance v. Laurels Healthcare Holdings (21-198 - Unpublished)
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)
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)
Child custody, cessation of reunification as secondary plan | |
| In re: T.C.M. (21-242-2 - Unpublished)
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)
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)
motion to dismiss; transfer fee; Chapter 39A; denial of leave to amend complaint | |
| Lantz and Liebscher v. Lantz (21-168 - Unpublished)
Grandparent custody; standing; consent order; N.C. Gen. Stat. 50-13.1 | |
| Reverse Mortg. Solutions, Inc. v. Dufault (21-159 - Unpublished)
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)
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)
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)
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)
Pro Se Filing; Motion for Appropriate Relief | |
| State of N. Carolina v. Phillip Dakota Miles (20-853 - Unpublished)
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| State v. Daw (20-842 - Unpublished)
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)
Alford plea, sufficiency of indictment, obstruction of justice, essential element, repudiation of plea | |
| State v. Tiffany Leigh Marion (20-729 - Unpublished)
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)
Dismissed, plea, plea agreement, factual basis, writ of certiorari. | |