Court of Appeals Opinions

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Filed: 20 February 2024
Mandate: 11 March 2024
Zip File of Published Opinions

Case Title / Description
Cape Homeowners Ass'n, Inc. v. S. Destiny, LLC  (23-593 - Published)   Author: Judge Allegra Collins
interlocutory, lack of appellate jurisdiction, substantial right, motion to intervene, property rights, statement of the grounds for appellate review
Durbin v. Durbin  (23-308 - Published)   Author: Judge Hunter Murphy
modification of child custody, parenting coordinator, substantial change in circumstances.
In re: Jones  (23-594 - Published)   Author: Judge Valerie Zachary
reverse mortgage; valid debt; credit-counseling provision; equitable defenses
In re: Laliveres  (23-742 - Published)   Author: Judge April Wood
Sex offender registration; Substantially similar offense; Reportable offense; Out-of-State offense; N.C. Gen. Stat. § 14-27.22; N.C. Gen. Stat. § 14-208.12B(c); Sex Offender and Public Protection Registration Program; N.C. Gen. Stat. § 14-208.7(a).
Longphre v. KT Fin., LLC  (23-660 - Published)   Author: Judge John Tyson
Promissory Note; Entity Borrower; Plain and Unambiguous Terms; Accrual of Interest; N.C. Gen. Stat. § 24-3(1)(2023); Statutory Attorney's Fees; Prior Notice to Seek; N.C. Gen. Stat. § 6-21.2(1)-(2)(2023);
Smith v. Smith  (23-339 - Published)   Author: Judge April Wood
Equitable distribution; Unequal distribution; N.C. Gen. Stat. § 50-20(c)
State v. Chambers  (22-1063 - Published)   Author: Judge Chris Dillon
juror substitution, jury deliberations, properly constituted jury, NC Constitution, Article 1, Section 24, NC Gen Stat. 15A-1215 (a)
State v. Coffey  (22-883 - Published)   Author: Judge Tobias Hampson
sufficiency of indictment; common law obstruction of justice; motion to dismiss
State v. Cox  (23-260 - Published)   Author: Judge Tobias Hampson
plain error; expert witness qualification; Rule of Evidence 702; expert testimony
State v. Hair  (22-987 - Published)   Author: Judge Donna Stroud
jury instruction, sever, joinder, plain error
State v. Jones  (23-647 - Published)   Author: Judge John Tyson
Felon Fleeing to Elude Arrest; Assault on Law Enforcement Officer; Waiver and/or Forfeiture of Counsel; N.C. Gen. Stat. 15A-1242; Expert Witness; Rule 702; Plain Rule;
State v. Martin  (23-190 - Published)   Author: Judge Allegra Collins
no error in failing to dismiss charges for insufficient evidence; no error in admitting Rule 404(b) evidence; no error in failing to intervene ex mero motu in opening statement and closing argument; dismissal of ineffective assistance of counsel claim without prejudice
State v. Miller  (22-689 - Published)   Author: Judge Jeff Carpenter
Statutory Interpretation; N.C. Gen. Stat. § 90-95(h)(4); Stare Decisis; Motion to Dismiss; Jury Instructions; Sentencing Factors.
State v. Simpson  (23-562 - Published)   Author: Judge April Wood
Jury selection; Judge excusing jurors for cause without challenge by party; Excusing for cause; Motion to dismiss; DWI.
The N.C. State Bar v. DeMayo  (23-391 - Published)   Author: Judge Tobias Hampson
Rules of Professional Responsibility; Rule 8.4(c); Order of Discipline
Williams v. Charlotte-Mecklenburg Sch. Bd. of Educ.  (22-893-2 - Published)   Author: Judge Jeff Carpenter
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment.
Unpublished Opinions
20 February 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 March 2024 

Davis v. Crews (23-571 - Unpublished)   Author: Judge Carolyn Thompson
Enforcement of real property settlement agreement
Glinsky v. Kuester Mgmt. Grp. LLC (23-208 - Unpublished)   Author: Judge Michael Stading
interlocutory; motion to compel; discovery; privilege log; unfair and deceptive trade practices; damages; substantial right; interrogatories.
In re: I.S., S.S., & I.S. (23-519 - Unpublished)   Author: Per Curiam
termination of parental rights; neglect;
In re: N.L.N., N.N., & N.B.G.J. (23-630 - Unpublished)   Author: Per Curiam
Termination of Parental Rights, Abuse of Neglect
Jhang v. Templeton Univ. (22-869 - Unpublished)   Author: Judge Michael Stading
full faith and credit; represented by counsel; foreign judgment; motion; service; motion for enforcement of a judgment; service of process.
Maymead, Inc. v. Alexander Cnty. Bd. of Educ. (22-953-2 - Unpublished)   Author: Judge Jeff Carpenter
Tort Claims Act; Emergency Management Act; Negligence; Industrial Commission; Sovereign Immunity; Summary Judgment.
Mileview LLC v. The Res. II at Sugar Mountain Condo. Owner's Ass'n (23-603 - Unpublished)   Author: Judge Hunter Murphy
action by homeowner’s association, reasonableness of amendment, jurisdiction of trial court pending appeal.
Nelson v. Oakley (23-840 - Unpublished)   Author: Judge Julee Flood
Abuse of discretion; expert testimony; helpful to the jury; admissible; causation; possible causation; exclusion of evidence; Rule 403; relevant; probative value; prejudice
Parker v. Parker (23-170 - Unpublished)   Author: Judge Chris Dillon
domestic violence, subject matter jurisdiction, AOC forms
Phillips v. Phillips (23-504 - Unpublished)   Author: Judge Chris Dillon
subject matter jurisdiction, oral notice, consent to voluntary dismissal
State v. Blacksheare (23-572 - Unpublished)   Author: Judge Jefferson Griffin
Trafficking heroin; Transportation; Possession; Motion to dismiss; Substantial evidence; Essential elements; Actual possession; Constructive possession; Proximity to the substance; Suspicious behavior; No Error
State v. Caldwell (23-126 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Possession with Intent to Sell or Deliver
State v. Clinton (23-463 - Unpublished)   Author: Judge Michael Stading
attempted first degree murder; assault with a deadly weapon with intent to kill; possession of a firearm by a felon; clerical error; aggravating factors.
State v. Davis (23-557 - Unpublished)   Author: Judge Julee Flood
criminal law; plea negotiations; ineffective assistance of counsel; motion for appropriate relief; conclusion of law; sentencing; out-of-state offense; substantially similar
State v. Harris (23-607 - Unpublished)   Author: Judge Hunter Murphy
probation revocation, subject matter jurisdiction, no abuse of discretion.
State v. Holmes (23-601 - Unpublished)   Author: Judge Chris Dillon
statutory rape, statutory sexual offense, indecent liberties, resentencing
State v. Lipscomb (23-407 - Unpublished)   Author: Judge Jeff Carpenter
Rule 702(a); expert testimony; reliability requirement; DNA analysis; partial-major DNA profile; statistical analysis; no plain error.
State v. Lockett (23-713 - Unpublished)   Author: Judge Julee Flood
criminal law; motion to dismiss; speeding to elude arrest; reasonable suspicion; traffic stop; imputed reasonable suspicion
State v. Marroquin (23-111 - Unpublished)   Author: Judge Jefferson Griffin
Witness testimony; accident reconstruction, expert testimony required; implicit admission as an expert; prior acts evidence under Rule 404(b); malice evidence; no prejudicial error
State v. Martin (23-47 - Unpublished)   Author: Judge Tobias Hampson
Shackling; 404(b) evidence; Rule 403; Motion to Dismiss; hearsay
State v. Moore (23-380 - Unpublished)   Author: Judge Valerie Zachary
assault with a deadly weapon; assault on a female; intent; motion to dismiss; jury instruction on flight
State v. Perry (23-375 - Unpublished)   Author: Judge Hunter Murphy
robbery with a dangerous weapon, reasonable inference, circumstantial evidence
State v. Stewart (23-291 - Unpublished)   Author: Judge Tobias Hampson
Closing arguments; Harbison inquiry
State v. Tate (23-11 - Unpublished)   Author: Judge Michael Stading
double jeopardy; sufficiency of evidence; indecent liberties; statutory rape; fifth amendment.
State v. Walker (23-585 - Unpublished)   Author: Judge John Tyson
Habitual Larceny; Habitual Felon; Video Surveillance; Identification of a defendant; Lay opinion testimony; Limiting Instruction;
Torres v. Kidd (23-209 - Unpublished)   Author: Judge Chris Dillon
physical custody, legal custody, findings of fact, decision making authority
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 27 PETITIONS AND 203 MOTIONS.


Filed: 6 February 2024
Mandate: 26 February 2024
Zip File of Published Opinions

Case Title / Description
Hanson v. Charlotte-Mecklenburg Bd. of Educ.  (22-1044 - Published)   Author: Judge Tobias Hampson
Special Separation Allowance; Supplemental Retirement Income Plan; Local Government Employees' Retirement System
In re: K.C. & M.A.  (23-612 - Published)   Author: Judge April Wood
A/N/D petition; Dismissal of juvenile petition ends jurisdiction; Subject matter jurisdiction; Void judgments; N.C. Gen. Stat. §§ 7B-201 and 7B-807; Rule 59 and Rule 60 motions are not substitutes for appeal.
Land v. Whitley  (23-250 - Published)   Author: Judge April Wood
COVID-19; The Emergency or Disaster Treatment Protection Act; Health care; Limited immunity; Statutory immunity; Medical malpractice; Gross negligence; Duty of care; Surgical complications; N.C. Gen. Stat. § 90-21.133(a); Rule 12(b)(1); Rule 12(b)(2); Rule 12(b)(6); Rule 9(j).
Moseley v. Hendricks  (23-576 - Published)   Author: Judge John Arrowood
summary judgment; contributory negligence; last clear chance defense; punitive damages.
Silwal v. Akshar Lenoir, Inc.  (23-589 - Published)   Author: Judge Hunter Murphy
summary ejectment, abuse of discretion, memorandum of lease
State v. Bowman  (23-82 - Published)   Author: Judge Jeff Carpenter
Jury Instructions; Plain Error; Forcible Sexual Offense; Unanimous Verdict; Clerical Errors; Reverse; Remand.
State v. Buchanan  (23-517 - Published)   Author: Judge Allegra Collins
motion to dismiss, felony child abuse inflicting serious bodily injury, expert witness testimony, jury instructions, defense of accident, lesser-included offenses, plain error
State v. Golphin  (22-713 - Published)   Author: Judge Donna Stroud
life imprisonment without the possibility of parole, Miller, first-degree murder, N.C. Gen. Stat. Section 15A-1340.19B
State v. Guerrero  (23-377 - Published)   Author: Judge Julee Flood
motion to suppress; probable cause; canine-sniff; search and seizure; Fourth Amendment; legalization of hemp; trafficking; possession; lesser included offense.
State v. Mincey  (23-447 - Published)   Author: Judge April Wood
Guilty plea; Factual basis; N.C. Gen. Stat. § 15A-1022(c); Habitual felon status.
State v. Robinson  (23-365 - Published)   Author: Judge Jeff Carpenter
No Preservation; Plain Error Review; Issue Abandonment; Fair Cross Section Challenge; Sixth Amendment.
True Homes, LLC v. City of Greensboro  (23-48 - Published)   Author: Judge Chris Dillon
municipal authority, public water and sewer system development fee act, motion to strike evidence, N.C. Gen Stat 160A-314(a)
Unpublished Opinions
6 February 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 26 February 2024 

Cashion v. Cashion (23-327 - Unpublished)   Author: Judge Valerie Zachary
interlocutory jurisdiction; substantial right; preliminary injunction
Connette v. The Charlotte-Mecklenburg Hosp. Auth. (23-460 - Unpublished)   Author: Judge Valerie Zachary
law of the case; remand; mandate
In re: J.M.M.M. (23-540 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, notice, insufficient findings of fact
In re: K.J.B.H. (23-632 - Unpublished)   Author: Judge Julee Flood
Delinquent; sexual battery; sexual arousal; sexual gratification; maturity, intent, and experience; age disparity; control by the juvenile; secretive nature; attitude; third-party witness
In re: S.C. (23-615) - [Withdrawn by order of the Court]
Miller v. E. Band of Cherokee Indians (23-278 - Unpublished)   Author: Judge April Wood
Sovereign immunity; Contract rescission; Voluntary dismissal; Restitution; Valid remedy; Moot; Property; Necessary party; Valid judgment.
Odindo v. Kanyi (23-794 - Unpublished)   Author: Judge Carolyn Thompson
Domestic violence; child custody
Payne v. Raynor (23-780 - Unpublished)   Author: Judge John Arrowood
lease contract; setoff defense; findings of fact; conclusions of law; competent evidence.
Phillips v Extra Space Mgmt., Inc. (23-303 - Unpublished)   Author: Judge Jefferson Griffin
Motion for directed verdict; Motion for new trial; Breach of contract; Fraudulent inducement and fraudulent misrepresentation; Breach of the implied covenant of good faith and fair dealing; Unfair and deceptive trade practice; Negligent misrepresentation; Gross negligence; Sufficient evidence; Jury verdict; No error.
Porter v. Goodyear Tire & Rubber Co. (23-631 - Unpublished)   Author: Judge Carolyn Thompson
Worker's compensation
Sanders v. N.C. Dep't of Transp. (22-440 - Unpublished)   Author: Judge Hunter Murphy
map act, definite takings, interlocutory appeals
State v. Alvarado (23-385 - Unpublished)   Author: Judge Jefferson Griffin
Motion in limine; Sexual Assault; North Carolina Rules of Evidence; North Carolina Rule of Evidence 412; Rape-Shield Statute; Ineffective Assistance of Counsel; Issue Preservation; Exclusion of Evidence; Voire Dire; No error.
State v. Armstrong (23-220 - Unpublished)   Author: Judge April Wood
Assault by strangulation; Habitual misdemeanor assault; Predicate assault; N.C. Gen. Stat. § 14-33(c); Sentencing error; N.C. Gen. Stat. § 14-32.4(b); N.C. Gen. Stat. § 14-33.2; Distinct interruption; Intervening event.
State v. Barnes (23-239 - Unpublished)   Author: Judge Chris Dillon
ex mero motu, expert testimony, plain error
State v. Benbow (23-315 - Unpublished)   Author: Judge Tobias Hampson
jury instructions; self-defense; stand your ground
State v. Boynton (23-484 - Unpublished)   Author: Judge Jefferson Griffin
Motion in limine; First Degree Murder; North Carolina Rules of Evidence; North Carolina Rule of Evidence 404(b); North Carolina Rule of Evidence 403; Character Evidence; Prior bad acts; Other Purposes; Testimony Admissibility; Jury Instructions; Ineffective Assistance of Counsel; Plain Error; No error.
State v. Cooper (22-662 - Unpublished)   Author: Judge Tobias Hampson
first-degree murder; motion to suppress; cell site location information; Rules of Evidence 404(a), 404(b), and 403.
State v. Hill (23-264 - Unpublished)   Author: Judge Jefferson Griffin
Motion to dismiss; first-degree murder; evidence of malice, premeditation, and deliberation; juror challenge for cause; plain error; jury instructions; second-degree murder
State v. Huntley (23-346 - Unpublished)   Author: Judge John Tyson
Absolute impasse; State v. Ali, 329 N.C. 394, 407 S.E.2d 183 (1991); Same events, joined charges; Prior record level calculation; Conceded errors;
State v. Ingram (23-207 - Unpublished)   Author: Judge Chris Dillon
drug trafficking, investigatory stop, motion to suppress
State v. Jones (22-981 - Unpublished)   Author: Judge Michael Stading
first-degree rape, first-degree kidnapping, first-degree sexual offense, first-degree burglary, motion to dismiss, insufficiency of evidence, substantial evidence, separate and distinct acts.
State v. Kirkpatrick (23-449 - Unpublished)   Author: Judge Carolyn Thompson
IAC, TC error in PWISD methamphetamine case
State v. McCants (23-511 - Unpublished)   Author: Judge Valerie Zachary
waiver of right to be present at trial; preservation; Rule 2
State v. McCoy (23-329 - Unpublished)   Author: Judge John Arrowood
Ineffective assistance of counsel; motion to suppress; search warrant application; motion for appropriate relief; dismissal without prejudice.
State v. McKinnon (22-813 - Unpublished)   Author: Judge Michael Stading
Speedy trial, speedy appeal, sixth amendment, article I, section 18, SBM, lifetime SBM, satellite based monitoring, delayed appeal, unperfected appeal, motion for appropriate relief.
State v. Mertes (23-512 - Unpublished)   Author: Judge April Wood
Writ of certiorari; Untimely appeal; Motion for appropriate relief; MAR; N.C. Gen. Stat. § 15A-1444; N.C. R. App. P. 4(a)(1) and (2); N.C. R. App. P. 21(a)(1).
State v. Pratt (23-822 - Unpublished)   Author: Judge John Tyson
Revocation of Probation; Hearing after Probation expired; Finding of good cause; N.C. Gen. Stat. § 15A-1344; Unexplained delays; State conceded error;
State v. Roberts (23-501 - Unpublished)   Author: Judge John Arrowood
revocation of probation, right to confrontation, revocation after expiration of probationary period.
State v. Roebuck (23-335 - Unpublished)   Author: Judge Valerie Zachary
sexual activity by custodian; meaning of "custody"; issue precluded by precedent; preserving challenge for further appeal
State v. Spruill (23-12 - Unpublished)   Author: Judge Jeff Carpenter
Curative Instructions; Stricken Testimony; Sua Sponte; Rule 404; Vouching; No Plain Error.
State v. Velasquez (23-368 - Unpublished)   Author: Judge John Tyson
Second Degree Rape; Second Degree Forcible Sex Offense; Motion to Dismiss; Expert Witness; Closing Argument; Plain Error;
State v. Velez (23-199 - Unpublished)   Author: Judge Hunter Murphy
accessory after the fact, aggravated sentence, right to jury trial
State v. Williams (23-628 - Unpublished)   Author: Judge Julee Flood
United States v. Rodriguez; suppression; probable cause; reasonable suspicion
The Venable Grp., LLC v. Snow (23-483 - Unpublished)   Author: Judge John Arrowood
breach of contract, summary judgment, attorney’s fees.
Troutt v. Watson (23-535 - Unpublished)   Author: Judge April Wood
Interlocutory; N.C. Gen. Stat. § 1-277; Substantial right; Inconsistent verdicts; LLC; N.C. Gen. Stat. § 57D-6-02(2); Dissolution; N.C. Gen. Stat. § 57D-6-03(d); Forced sale.
Virmani v. Prof'l Sec. Ins. Co. (23-580 - Unpublished)   Author: Judge Chris Dillon
insurance policy interpretation, NC Medical Board investigation, claims made and reported policy
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 27 PETITIONS AND 203 MOTIONS.


Filed: 16 January 2024
Mandate: 5 February 2024
Zip File of Published Opinions

Case Title / Description
Ennis v. Haswell  (23-534 - Published)   Author: Judge Valerie Zachary
underinsured motorist insurance; subrogation; advancement; statutory interpretation
Hill v. The Div. of Soc. Servs.  (23-197 - Published)   Author: Judge Valerie Zachary
Medicaid; caretaker relative; regulatory interpretation; irreconcilable conflict
Maness v. Kornegay  (23-301 - Published)   Author: Judge Carolyn Thompson
Child custody
Smith Debnam Narron Drake Saintsing & Myers, LLP v. Muntjan  (23-324 - Published)   Author: Judge Jeff Carpenter
Contract; Guaranty; Statute of Frauds; Main Purpose Rule; Signed Memorandum; Quantum Meruit; Reversed
State v. Ball  (22-1029 - Published)   Author: Judge April Wood
Kidnapping; Rape; Sexual assault; Motion to dismiss; SANE exam report; Expert witness testimony; Confrontation Clause; Plain error; Closing argument; ex mero motu.
State v. Forney  (23-338 - Published)   Author: Judge Carolyn Thompson
DWI
State v. Guffey  (22-1043 - Published)   Author: Judge Hunter Murphy
essential elements, continuing criminal enterprise, fatal ambiguity
State v. Hagaman  (22-434 - Published)   Author: Judge Donna Stroud
motion to suppress, indecent liberties with a child, search warrant
State v. Springs  (23-9 - Published)   Author: Judge Tobias Hampson
State's appeal of trial court order granting defendant's motion to suppress evidence; appellate rules violations
Unpublished Opinions
16 January 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 5 February 2024 

Horsey v. Goodyear Tire & Rubber Co. (23-107 - Unpublished)   Author: Judge April Wood
Industrial commission; Workers compensation; Temporary disability benefits; Change in treating physician; Functional capacity evaluation; Maximum medical improvement; N.C. Gen. Stat. § 97-25(a); N.C. Gen. Stat. § 97-2(9)
In re: Blue (23-505 - Unpublished)   Author: Judge John Tyson
Will Contest; Summary Judgement; Undue Influence; Testator's Intent;
In re: P.C., L.C., A.C., K.C., S.C. (23-253 - Unpublished)   Author: Judge Hunter Murphy
Reasonable efforts, visitation, guardianship
In re: Z.M., L.M., H.M. (23-45 - Unpublished)   Author: Per Curiam
3.1; child custody; adjudication of neglect and dependency
Jonna v. Yaramada (22-954 - Unpublished)   Author: Judge Valerie Zachary
child support; findings of fact; mandate; sanctions
MAXISIQ, LLC v. Howard (23-478 - Unpublished)   Author: Judge Carolyn Thompson
Error by TC in granting summary judgment
Milford v. Milford (23-379 - Unpublished)   Author: Judge Carolyn Thompson
Equitable distribution
Munn v. N.C. Dep't of Pub. Safety (23-299 - Unpublished)   Author: Judge Jeff Carpenter
North Carolina Industrial Commission, Tort Claims Act, Negligence, North Carolina Department of Public Safety, State Actor, Duty of Care, Foreseeable Harm, Inmate, Findings of Fact, Competent Evidence, Conclusions of Law, De Novo; Affirmed.
Nlend v. Nlend (23-516 - Unpublished)   Author: Judge Valerie Zachary
absolute divorce; motion to stay proceedings; foreign jurisdiction; interlocutory jurisdiction; petition for writ of certiorari; findings of fact; absence of transcript or narrative from appellate record
Peele v. Peele (23-614 - Unpublished)   Author: Per Curiam
jurisdiction, child custody, permanent custody order
Perez v. Perez (23-371 - Unpublished)   Author: Judge Valerie Zachary
proper venue; residency; equitable distribution; separation and support; service of order; timeliness of appeal
State v. Gill (23-381 - Unpublished)   Author: Judge April Wood
Ineffective assistance of counsel; Restitution; Search warrant; Affidavit; Probable cause; Fourth Amendment; Totality of circumstances; Application for search warrant; Motion to suppress; Trial strategy; Crime Lab; N.C. Gen. Stat. § 7A-304(a)(7).
State v. Glenn (23-201 - Unpublished)   Author: Judge Michael Stading
Anders, Anders brief, motion to suppress, reasonable articulable suspicion.
State v. Hall (23-320 - Unpublished)   Author: Judge Valerie Zachary
ineffective assistance of counsel; motion for appropriate relief; motion to suppress; attempted robbery; exigent circumstances; probable cause; consent to search
State v. Hollis (22-817 - Unpublished)   Author: Judge Michael Stading
pattern jury instructions, defense of accident, murder, discharging of a firearm into occupied property, plain error, NCPI 307.10, NCPI 307.11.
State v. Steele (23-425 - Unpublished)   Author: Judge Valerie Zachary
larceny of motor vehicle; fleeing to elude arrest; resisting public officer; flight instruction
State v. Willoughby (23-3 - Unpublished)   Author: Judge Valerie Zachary
defense of habitation; second-degree murder; statutory presumption; jury instructions on involuntary manslaughter; redacting and striking of testimony; relevance; hearsay
IN ADDITION TO THE ABOVE LISTED PUBLISHED AND UNPUBLISHED OPINIONS, THE COURT ALSO CONSIDERED 27 PETITIONS AND 203 MOTIONS.


Filed: 2 January 2024
Mandate: 22 January 2024
Zip File of Published Opinions

Case Title / Description
Bates v. Charlotte-Mecklenburg Historic Landmarks Comm'n  (23-57 - Published)   Author: Judge Carolyn Thompson
Interlocutory appeal from two failed real estate transactions
Culpepper v. N.C. Off. of Admin. Hearings  (23-236 - Published)   Author: Judge April Wood
N.C. Gen. Stat. § 126-5(c1)(27); Political affiliation discrimination; Job classification designation; Human Resources Act.
In re: B.M.T.  (22-377-2 - Published)   Author: Judge Tobias Hampson
Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601, warrantless search
Meeker v. Meeker  (22-931 - Published)   Author: Judge Chris Dillon
separation agreement, spousal support, cohabitation, specific performance, civil contempt
N.C. Dep't of Health & Hum. Servs. v. Peace  (22-918 - Published)   Author: Judge Carolyn Thompson
Error by ALJ and trial court in review of administrative agency decision
State v. Borlase  (22-985 - Published)   Author: Judge Chris Dillon
life without parole, Juvenile offender, N.C. Gen Stat SS 15A-1340.19b
State v. Thompson  (22-1036 - Published)   Author: Judge Tobias Hampson
Motion for Mistrial; Abuse of Discretion; Intoxicated Witness
The Town of Forest City v. Florence Redevelopment Partners, LLC  (23-401 - Published)   Author: Judge Allegra Collins
summary judgment; contracts; pre-audit certificate requirement; waiver; governmental immunity; unjust enrichment
Town of La Grange v. Cnty. of Lenoir  (23-495 - Published)   Author: Judge Julee Flood
Planning Board; de novo; whole record test; in pari materia;
Unpublished Opinions
2 January 2024  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 January 2024 

Davis v. Hayes Hofler, P.A. (22-1028 - Unpublished)   Author: Judge Michael Stading
motion to dismiss, 12(b)(6), negligence, negligent representation, Rule 60, "last act", "last wrongful act", statute of limitations, continued representation, conclusion of law, date of discovery, tolling.
In re: B.O.R. (23-434 - Unpublished)   Author: Per Curiam
Guardianship award to foster parents; Standard of Proof finding required for parental rights; Visitation; Cessation of Reunification Efforts
In re: C.H. (22-476-2 - Unpublished)   Author: Judge Julee Flood
involuntary commitment; confrontation right; preservation; findings of fact; clear, cogent, and convincing evidence; prejudice
In re: C.L.S. (23-507 - Unpublished)   Author: Per Curiam
writ of certiorari, kinship placement, timely appeal
In re: E.O.N. & E.O.N. (23-352 - Unpublished)   Author: Judge April Wood
Guardianship; Neglect; Dependency; Permanency planning hearing; Costs of supervised visitation; Parent's ability to pay; N.C. Gen. Stat. § 7B-906.1; Guardian's financial resources; Written findings of fact; N.C. Gen. Stat. § 7B-905.1(c).
In re: E.T.P. & H.E.P. (23-394 - Unpublished)   Author: Judge Michael Stading
termination of parental rights, continuance, right to counsel, waiver of counsel, forfeiture of counsel.
In re: G.J.W.L. (23-458 - Unpublished)   Author: Judge Jeff Carpenter
Juvenile Delinquency; Adjudication; Disposition; Motion to Dismiss, Unpreserved, Rule 2; Sixth Amendment; Testifying Defendant; Self-Incrimination; De Novo; Reversed & Remanded.
In re: J.U. (20-812-2 - Unpublished)   Author: Judge Julee Flood
motion to dismiss; preservation; appellate rule 2; sufficiency of evidence; juvenile petition; sexual battery.
In re: N.R.W. & T.N.W. (23-440 - Unpublished)   Author: Judge Jeff Carpenter
Rule 3.1; termination of parental rights; adjudication; termination grounds; neglect; willful failure to make reasonable progress; willful failure to contribute to the cost of the juveniles’ care.
In re: R.B. (23-426 - Unpublished)   Author: Judge Jefferson Griffin
Child abuse and dependency adjudication, sufficiency of evidentiary findings of fact to support ultimate findings and conclusions of law
In re: S.C.M., Jr. (23-678 - Unpublished)   Author: Judge Michael Stading
termination of parental rights, best interests, private action, adoption.
In re: S.W. (23-160 - Unpublished)   Author: Per Curiam
dependent, reunification, visitation
Johnson v. Butler (23-692 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Johnson v. Butler (23-693 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Johnson v. Butler (23-694 - Unpublished)   Author: Judge John Arrowood
summary judgment, breach of fiduciary duty, constructive fraud, trustee.
Lowe v. Lowe (23-80 - Unpublished)   Author: Judge Jefferson Griffin
Competent evidence; Findings of fact; Attorney fees; Motion to dismiss; Waived
Poimboeuf v. Merritt (23-229 - Unpublished)   Author: Judge John Tyson
Motion for Judgment Notwithstanding the Verdict; Slander per se; Punitive damages; N.C. Gen. Stat. § ID-15;
Shay v. Shay (23-330 - Unpublished)   Author: Judge Jefferson Griffin
Domestic violence order of protection; DVPO; Competent evidence; NC Appellate Pro Bono Program; Motion to supplement; Findings of fact; Conclusions of law; Affirmed
Spencer v. Goodyear Tire & Rubber Co. (23-430 - Unpublished)   Author: Judge Fred Gore
opinion and award on remand; compensable occupational disease; causation; weight and credibility of the evidence; limited standard of review
State v. Ford (23-374 - Unpublished)   Author: Judge Carolyn Thompson
Felony obstruction of justice; felony cruelty to animals
State v. Forrest (22-1005 - Unpublished)   Author: Judge Carolyn Thompson
Trial court error in denial of motion to dismiss and in jury instruction in murder case
State v. Parsons (23-200 - Unpublished)   Author: Judge Allegra Collins
indecent liberties with a child; hearsay; harmless error
State v. Revels (23-148 - Unpublished)   Author: Judge Valerie Zachary
voluntary manslaughter; calculation of prior record level; sentencing points; stipulation; evidence of prior convictions; prior record level worksheet; joinable offenses; federal conviction
State v. Williams (23-408 - Unpublished)   Author: Judge Chris Dillon
waiver of counsel, writ of certiorari, pro se
Tanger Props. Ltd. P'ship v. Legacy Libations Corp. (23-415 - Unpublished)   Author: Judge Michael Stading
subject matter jurisdiction, small claims, summons, rule 4, magistrate, general civil action, small claims action, summary ejectment, de novo.
Turpin v. Charlotte Latin Sch., Inc. (23-252) - [Withdrawn by order of the Court]