Court of Appeals Opinions

Signup For Email Notification  Supreme Court Opinions
Filed: 19 March 2019
Mandate: 8 April 2019
Zip File of Published Opinions

Case Title / Description
Adams v. Langdon  (18-718 - Published)   Author: Judge Tobias Hampson
Grandparental visitation rights; Civil contempt; Effect of termination of parental rights on grandparental visitation rights; Notice of Appeal; Show Cause Motion.
Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar  (18-431 - Published)   Author: Judge Donna Stroud
Restrictive Covenants, Public Policy, Learned Profession Exception
Assoc. Behav. Servs., Inc. v. Smith  (18-463 - Published)   Author: Judge Mark Davis
Attorneys' fees; motion for reconsideration; Rule 60(b); notice of appeal
BDM Invs. v. Lenhil, Inc.  (18-533 - Published)   Author: Judge Robert Hunter Jr.
Complex Business Case.
Feeassco, LLC v. The Steel Network, Inc.  (18-739 - Published)   Author: Judge Allegra Collins
Order allowing motion to compel discovery; order allowing sanctions for discovery violations; order denying motion to compel discovery and for sanctions; review of interlocutory discovery orders
Gunter v. Maher  (18-844 - Published)   Author: Judge Phil Berger Jr.
interlocutory appeal; substantial right; order compelling discovery; attorney-client privilege
Hager v. Smithfield East Health Holdings, LLC  (18-651 - Published)   Author: Judge Lucy Inman
Arbitration; Standing to Compel Arbitration; Fiduciary Relationships; Fiduciary Duties
Henry v. Morgan  (18-731 - Published)   Author: Judge Lucy Inman
Service of process; due diligence; service by publication
Hill v. Durrett  (18-515 - Published)   Author: Judge Mark Davis
NCGS § 50-10; Annulment; Summary Judgment
Huml v. Huml  (18-484 - Published)   Author: Judge Donna Stroud
Custody, Suspension of Visitation
In re: J.L.  (18-473 - Published)   Author: Judge Wanda Bryant
Juvenile Guardianship; Standing; Admissibility of Evidence; Sufficiency of Evidence; Standard of Proof; Visitation
Julian v. The Univ. of NC Health Care Sys.  (18-477 - Published)   Author: Judge Richard Dietz
Breach of contract; hospital charges for operating room time; statute prohibiting billing for medical care not actually supplied
Ramsey v. Ramsey  (18-600 - Published)   Author: Judge Valerie Zachary
civil contempt; nonjurisdictional Appellate Rules violations; Appellant's brief
Simms v. Bolger  (18-551 - Published)   Author: Judge Tobias Hampson
Child support; Change in circumstances; Lump sum award; Custodial account; Arrearages; Attorneys' fees
Simms v. Bolger  (18-716 - Published)   Author: Judge Tobias Hampson
Contempt; Attorneys' fees
Sluder v. Sluder  (18-920 - Published)   Author: Judge Wanda Bryant
Equitable Distribution; Post Separation; Marital Debt
State v. Gamez  (18-436 - Published)   Author: Judge Mark Davis
Miranda warnings; custodial interrogation; military
State v. Griffin  (18-681 - Published)   Author: Judge John Arrowood
assault inflicting serious bodily injury; felony breaking and entering with intent to terrorize or injure
State v. Lopez  (18-13 - Published)   Author: Judge Linda McGee
Physically helpless; Expert testimony; Jury instructions; Satellite-based monitoring
State v. Miller  (17-1215-2 - Published)   Author: Judge John Tyson
Maintaining a dwelling for the keeping or sale of controlled substance, NCGS 90-108(a)(7); State v. Rogers, 817 S.E.2d 150 (2018); definition of keep; single sale; motion to dismiss.
State v. Rivera  (18-517 - Published)   Author: Judge Linda McGee
Motion to Suppress; Waiver; Appellate Review; Plain Error; Ineffective Assistance of Counsel
State v. Shackelford  (18-273 - Published)   Author: Judge Mark Davis
N.C. Gen. Stat. § 14-277.3A; Felony Stalking; First Amendment; As-applied challenge; Content-based restriction; Social media
State v. Steen  (18-233 - Published)   Author: Judge Mark Davis
First-degree murder; felony murder based upon attempted murder with a deadly weapon; Jury instructions; Expert witness testimony
Stern v. Stern  (18-523 - Published)   Author: Judge Donna Stroud
motion to dismiss, substantial change of circumstances, timing and modification, child custody
Tarr v. Zalaznik  (18-649 - Published)   Author: Judge Linda McGee
Partition by sale; Equity; N.C.G.S. Sec. 41-2(b); Joint Tenants
Tipton v. Delta Sigma Phi Fraternity, Inc.  (18-581 - Published)   Author: Judge Mark Davis
Summary judgment; Negligence; Proximate Cause; Wrongful Death; Hazing
Watauga Cty. o/b/o McKiernan v. Shell  (18-687 - Published)   Author: Judge Donna Stroud
IV-D claim; Chapter 50 action; custody; stay
Weishaupt-Smith v. Town of Banner Elk  (18-903 - Published)   Author: Judge Tobias Hampson
Variance Request; NC Appellate Rule 38; Motion to Substitute Parties on Appeal; Standing; Aggrieved Party; Quasi-Judicial Proceedings; Subject Matter Jurisdiction; Conditional Use Permit
Wright v. Alltech Wiring & Controls  (18-833 - Published)   Author: Judge Valerie Zachary
Industrial Commission; Workers' Compensation Act; appellate jurisdiction; coming and going rule; contractual duty exception; traveling salesperson exception
Unpublished Opinions
19 March 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 8 April 2019 

Arroyo v. Yanez (18-497 - Unpublished)   Author: Judge Chris Dillon
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness
Arroyo v. Yanez (18-560 - Unpublished)   Author: Judge Chris Dillon
Alimony; equitable distribution; divorce; attorney?s fees; dependent spouse; supporting spouse; marital misconduct; marital property; separate property; active appreciation; passive appreciation; business shares; income approach; asset approach; earning capacity; income; expert witness
Brinkley-Caldwell v. Britthaven, Inc. (18-400 - Unpublished)   Author: Judge Hunter Murphy
Motion to Dismiss; Rules of Civil Procedure; Rule 12(b)(6)
Chalk v. Braakman (18-792 - Unpublished)   Author: Judge Linda McGee
Motion for Directed Verdict; Motion for JNOV; Specific grounds required; Negligence
Cronje v. Johnston (18-698 - Unpublished)   Author: Judge Mark Davis
Summary ejectment; Implied warranty of habitability; Unfair and deceptive trade practices; NCGS § 42-42; Landlord/Tenant
Fed. Nat'l Mortg. Ass'n v. Price (18-775 - Unpublished)   Author: Judge John Tyson
Foreclosure of a deed of trust; subject matter jurisdiction; frivolous appeal.
Helbein v. Helbein (18-383 - Unpublished)   Author: Judge Hunter Murphy
In re: A.B. (18-711 - Unpublished)   Author: Judge John Arrowood
Rule 3.1 case; cessation of reunification efforts.
In re: A.D.S., N.V.S., C.D.S., H.D.S., F.D.S., S.V.S., V.D.S., D.V.S., V.D.S. (18-1111 - Unpublished)   Author: Judge Tobias Hampson
Termination of parental rights; Notice; Best interest determination; Motion to Continue; Motion to Withdraw; Fundamentally fair procedures in termination of parental rights hearings; Right to effective counsel; Right to notice of termination hearing.
In re: A.J.K. (18-906 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights; best interests determination
In re: A.X.M., Jr. (18-758 - Unpublished)   Author: Judge Wanda Bryant
Ineffective Assistance of Counsel; Termination of Parental Rights
In re: B.L. (18-881 - Unpublished)   Author: Judge Robert Hunter Jr.
Termination of Parental Rights.
In re: J.A.C. (18-595 - Unpublished)   Author: Judge Richard Dietz
Permanency Planning; Denial of Motion to Continue; Guardianship; Verification of Guardians; Understanding of Legal Significance; Adequate Financial Resources
In re: K.N.C.H. (18-913 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; jurisdiction
In re: M.F.B., L.B., III, M.W.E.B. (18-848 - Unpublished)   Author: Judge John Arrowood
TPR; best interests/disposition
In re: M.R.C-M. (18-898 - Unpublished)   Author: Judge John Arrowood
no merit brief
In re: P.L.R. (18-782 - Unpublished)   Author: Judge Valerie Zachary
termination of parental rights; neglect; best interests of the child
Lea v. David's Bridal of Greensboro, Inc. (18-835 - Unpublished)   Author: Judge Robert Hunter Jr.
Injury by accident.
Makar v. Mimosa Bay Homeowners Ass'n, Inc. (18-547 - Unpublished)   Author: Judge Mark Davis
Homeowners Association; Restrictive Covenants; Summary Judgment; Architectural Review Committee
Mathis v. Jones (18-262 - Unpublished)   Author: Judge Wanda Bryant
Appellate Jurisdiction
O'Buckley v. O'Buckley (18-676 - Unpublished)   Author: Judge Wanda Bryant
Sanctions; Jurisdiction
Stamey v. Stamey (18-397 - Unpublished)   Author: Judge Wanda Bryant
Civil Contempt Order; Interlocutory; Substantial Right
State v. Al-Hamood (18-682 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Motion to Suppress; First Degree Forcible Sexual Assault; Prejudicial Error
State v. Ardrey (18-460 - Unpublished)   Author: Judge Mark Davis
Attempted felony larceny; value of stolen property; motion to dismiss
State v. Benjamin (18-751 - Unpublished)   Author: Judge John Tyson
Possession with intent to sell or deliver marijuana; motion to suppress; Alford plea; notice of appeal; attorney's fees.
State v. Bradshaw (17-1286 - Unpublished)   Author: Judge John Tyson
Driving while impaired; statute of limitations, NCGS 15-1; citation
State v. Callaghan (18-543 - Unpublished)   Author: Judge Chris Dillon
Statutory rape and sexual offense, N.C. R. E. 412, prejudicial error, ineffective assistance of counsel, reasonable search, exigent circumstances, missing persons
State v. Chester (18-671 - Unpublished)   Author: Judge John Tyson
Possession of controlled substance, NCGS 90-95(a); Motion to suppress; Anders brief
State v. Cole (18-213 - Unpublished)   Author: Judge Hunter Murphy
Ineffective Assistance of Counsel; Cumulative Error; Restitution
State v. Fletcher (18-371 - Unpublished)   Author: Judge John Tyson
Breaking, entering and larceny; alibi witness; ineffective assistance of counsel, motion for appropriate for relief.
State v. Hight (18-555 - Unpublished)   Author: Judge John Tyson
Probation revocation; absconding; Anders brief.
State v. Jackson (18-344 - Unpublished)   Author: Judge Wanda Bryant
Restitution; Competent Evidence
State v. King (18-494 - Unpublished)   Author: Judge Wanda Bryant
Prior Convictions; Unfair Prejudice; Motion to Dismiss
State v. Kope (18-752 - Unpublished)   Author: Judge Wanda Bryant
Post-conviction Relief; Anders Brief
State v. Lane (18-444 - Unpublished)   Author: Judge Richard Dietz
Attempted First Degree Murder; Assault with a Deadly Weapon; Admission of Evidence of Victim's Age; N.C. R. Evid. 401; N.C. R. Evid. 404(b); Challenge to Closing Arguments; Jury Instruction on Self-Defense
State v. Lopes (18-161 - Unpublished)   Author: Judge Wanda Bryant
Jury Instruction; Lesser Included Offense; Legal Presumption
State v. Maurilio (18-155 - Unpublished)   Author: Judge Hunter Murphy
indictment; fatal variance; judgment arrested
State v. Moore (18-591 - Unpublished)   Author: Judge Phil Berger Jr.
jury instructions; deadly weapon; lesser included offense; defense of accident; plain error
State v. Moore (18-576 - Unpublished)   Author: Judge Wanda Bryant
Jurisdiction; Service of Notice of Appeal; Anders Appeal
State v. Morgan (18-412 - Unpublished)   Author: Judge Wanda Bryant
Resentencing; Prejudicial Error
State v. Moss (18-680 - Unpublished)   Author: Judge Robert Hunter Jr.
Assault with a deadly weapon; no duty to retreat provision; trial court's failure to intervene in prosecutor's closing and questions.
State v. Paylor (18-1038 - Unpublished)   Author: Judge John Tyson
Second-degree murder; malice and provocation; lesser-included offenses; jury instructions; failure to instruct; plain error.
State v. Ragland (18-799 - Unpublished)   Author: Judge Wanda Bryant
State v. Richardson (18-500 - Unpublished)   Author: Judge John Tyson
Embezzlement; overwhelming evidence; ineffective assistance of counsel.
State v. Ruffin (18-645 - Unpublished)   Author: Judge Robert Hunter Jr.
Ineffective Assistance of Counsel; Undisclosed Issues.
State v. Sanders (18-930 - Unpublished)   Author: Judge Allegra Collins
Restitution, civil judgments, larceny, breaking and entering
State v. Schricker (18-338 - Unpublished)   Author: Judge Phil Berger Jr.
closing arguments; trial court intervention ex mero motu ; restitution
State v. Shchetinin (18-236 - Unpublished)   Author: Judge John Tyson
Trafficking heroin; possession of methamphetamine; proposed jury instruction.
State v. Smith (18-122 - Unpublished)   Author: Judge Phil Berger Jr.
competency; absolute impasse
State v. Smith (18-789 - Unpublished)   Author: Judge Lucy Inman
Probable Cause; Warrantless Arrest; Staleness; Motion to Suppress
State v. Spikes (18-501 - Unpublished)   Author: Judge Hunter Murphy
discharging a firearm into occupied property; aggravating factor; sentencing
State v. Zimmerman (18-934 - Unpublished)   Author: Judge John Tyson
Civil judgment for attorney's fees; opportunity to be heard.
Tucker Chase, LLC v. Town of Midland (18-847 - Unpublished)   Author: Judge John Arrowood
performance guaranties; Board of Adjustment
Tyson v. Bess (18-879 - Unpublished)   Author: Judge Richard Dietz
Appellate Jurisdiction; Untimely Notice of Appeal; Modification of Child Support; Denial of Rule 60(b) Motion
Wright v. NC Off. of State Hum. Res. (18-276 - Unpublished)   Author: Judge Linda McGee
Exempt designtion; N.C. Gen. Stat. Sec. 126-5(g); notice; Statutory interpretation

Filed: 5 March 2019
Mandate: 25 March 2019
Zip File of Published Opinions

Case Title / Description
Brown v. Thompson  (18-919 - Published)   Author: Judge John Arrowood
interlocutory appeal; substantial right; res judicata
Conklin v. Conklin  (18-509 - Published)   Author: Judge Donna Stroud
Attorney's fees, acting in good faith, insufficient means
Crews v. Crews  (18-42 - Published)   Author: Judge Donna Stroud
specific performance, alimony
Donnell-Smith v. McLean  (18-613 - Published)   Author: Judge John Tyson
partition in kind; NCGS 46-3; NCGS 46-10; NCGS 46-13; NCGS 46-16; NCGS 46-19(a); NCGS 46-22; division of unequal interests; exception to commissioners' report; abuse of discretion.
Lake v. State Health Plan For Teachers & State Emps.  (17-1280 - Published)   Author: Judge John Tyson
State Health Plan retired state employees; partial summary judgment; interlocutory appeal; substantial right; US Const. art. I sec. 10; no impairment of contract; unilateral contract; NC Const. art. I, sec. 19
Preston v. Movahed  (18-674 - Published)   Author: Judge Allegra Collins
Medical malpractice 9(j) certification; medical expert willing to testify; facially valid 9(j) certificate
State v. Chevallier  (18-860 - Published)   Author: Judge Allegra Collins
A single transfer by sale or delivery of a counterfeit controlled substance is a single offense; admission of hearsay statement under Rule 801(d)(E)'s co-conspirator exception; motions to dismiss for insufficiency of the evidence charges of transfer of a counterfeit controlled substance under the theories of attempted sale and delivery; instruction on actual possession theory of possession of a firearm by a felon.
State v. Cox  (18-692 - Published)   Author: Judge Tobias Hampson
Motion to dismiss; Sufficiency of the evidence; Felonious intent; Conspiracy to commit robbery with a dangerous weapon; Felonious breaking or entering; Claim of right defense
State v. Jones  (18-176 - Published)   Author: Judge Phil Berger Jr.
motion to suppress; traffic stop; passenger
State v. Malachi  (16-752-2 - Published)   Author: Judge Lucy Inman (View Supreme Court Opinion)
Reasonable Suspicion, Armed and Dangerous, Stop and Frisk, Motion to Suppress
Stewart v. Shipley  (18-745 - Published)   Author: Judge Mark Davis
Service of process; estoppel
Unpublished Opinions
5 March 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 March 2019 

Columbus Cty. D.S.S. ex rel Moore v. Norton (18-642 - Unpublished)   Author: Judge Chris Dillon
Child custody; civil contempt; arrears; child support; child support guidelines; income; assets; recuse; motion to recuse; recusal; trial judge; impartiality
Dep't of Transp. v. Bloomsbury Est., LLC (18-773 - Unpublished)   Author: Judge John Tyson
NC Condominium Act, NCGS 47C-1-101; DOT condemnation, NCGS 136-108; interlocutory order- substantial right; appellant's burden on appeal; reply brief- NC R. App. P. 28(h); preclusive effect of prior order.
Eisenbrown v. Town of Lake Lure (17-934 - Unpublished)   Author: Judge Richard Dietz
In re: A.G.B. & D.G.B. (18-729 - Unpublished)   Author: Judge Linda McGee
Termination of Parental Rights, N.C.G.S. Sec. 7B-111(a)(4), No merit brief
In re: H.N.H. & H.L.H. (18-365 - Unpublished)   Author: Judge Linda McGee
Termination of parental rights, N.C.G.S. Sec. 7B-1110, Best interests determination, Required findings of fact
In re: I.L. (18-762 - Unpublished)   Author: Judge Hunter Murphy
termination of parental rights; findings
In re: S.H-K.J.L. & W.L.L. (18-772 - Unpublished)   Author: Judge Linda McGee
N.C. Gen. Stt. Sec. 7B-1111(a)(2); Termination of Parental Rights; Reasonable progress; Hearsay
In re: S.S.S. & S.R.S. (18-514 - Unpublished)   Author: Judge Hunter Murphy
In re: V.O. (18-907 - Unpublished)   Author: Judge John Tyson
Involuntary commitment, waiver of counsel, failure to conduct appropriate colloquy, right to confront witnesses.
Painter v. City of Mt. Holly (18-197 - Unpublished)   Author: Judge Hunter Murphy
Public official immunity; qualified immunity; summary judgment; 42 U.S.C. § 1983
State v. Altman (18-544 - Unpublished)   Author: Judge Chris Dillon
Driving while impaired, felony death by vehicle, admissibility of medical records, sufficiency of the evidence, character evidence of a witness, merger of sentences for lesser-included offenses
State v. Bennett (18-606 - Unpublished)   Author: Judge Linda McGee
Corroborative Testimony; Admission of Party-Opponent; Prejudicial Error
State v. Berrier (18-453 - Unpublished)   Author: Judge Allegra Collins
Jury verdict; guilty versus responsible; verdict form; unconstitutional verdicts; sufficiency of judgment
State v. Cooper (18-637 - Unpublished)   Author: Judge Richard Dietz
Satellite-Based Monitoring; Fourth Amendment; Reasonableness; Required Evidence of Effectiveness
State v. Gaskins (18-970 - Unpublished)   Author: Judge Lucy Inman
State v. Gilbert (18-614 - Unpublished)   Author: Judge John Tyson
Embezzlement of a charitable organization by an officer, NCGS 14-92; jury instructions- plain error; motion to dismiss; intent- mens rea; actus reus; opinion testimony; ineffective assistance of counsel.
State v. Gilliam (18-260 - Unpublished)   Author: Judge Wanda Bryant
Prior Record Level; Stipulation; Mitigating Factor; Aggravating Factor; Notice
State v. Guevara (18-582 - Unpublished)   Author: Judge Donna Stroud
expert opinion, aggravating factor
State v. Kesler (18-971 - Unpublished)   Author: Judge Lucy Inman
State v. Maier (18-771 - Unpublished)   Author: Judge John Arrowood
indictments; obtaining property by false pretenses; motion to dismiss
State v. Oglesby (18-277 - Unpublished)   Author: Judge Wanda Bryant
Rule 404(b); Hearsay Rule; Corroborative Evidence; Jury Instruction
State v. Rinehart (18-298 - Unpublished)   Author: Judge Wanda Bryant
Invited Error; Final Closing Argument; Introduce Evidence
State v. Robinson (18-343 - Unpublished)   Author: Judge Robert Hunter Jr.
Search and Seizure; Strip Search; Exigent Circumstances.
State v. Seeman (18-969 - Unpublished)   Author: Judge Lucy Inman
State v. Waycaster (18-247 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; counterfeit instruments; attorney's fees
State v. Wynn (18-536 - Unpublished)   Author: Judge Donna Stroud
general various and specific motions to dismiss, 404(b) evidence

Filed: 19 February 2019
Mandate: 11 March 2019
Zip File of Published Opinions

Case Title / Description
Bezzek v. Bezzek  (18-761 - Published)   Author: Judge Donna Stroud
interlocutory
Brodkin v. Novant Health, Inc.  (18-805 - Published)   Author: Judge Richard Dietz
Breach of contract; Hospital termination of physician's employment contract; Contractual right to exercise professional judgment; Wrongful discharge and public policy; Defamation and defense of qualified privilege
Denney v. Wardson Constr., Inc.  (18-667 - Published)   Author: Judge Richard Dietz
Interlocutory Appeal; Substantial Right; Res Judicata; Statement of Grounds for Appellate Review
In re: Aaron's Inc.  (18-607 - Published)   Author: Judge Valerie Zachary
rent-to-own; ad valorem taxation; inventory exclusion
In re: George  (18-611 - Published)   Author: Judge Valerie Zachary
non-judicial foreclosure sale; trustee as necessary party; Rule 60(b); notice of foreclosure proceeding; good faith purchaser
In re: J.P.S.  (18-708 - Published)   Author: Judge Valerie Zachary
involuntary commitment; dangerous to self; dangerous to others; reasonable probability of future harm
In re: Est. of Johnson  (18-778 - Published)   Author: Judge John Tyson
Spouse's year's allowance- NCGS 30-15; deficiency in payment; revocation of letters testamentary- NCGS 28-4-1; appeals to superior court; standards of review; de novo hearing; credit against bequest to surviving spouse.
Kennedy v. DeAngelo  (18-603 - Published)   Author: Judge Richard Dietz
Medical malpractice; Rule 9(j); Required fact-finding by trial court; Rule of Evidence 702; Separate specialties in general dentistry, periodontics, and oral surgery
Nanny's Korner Day Care Ctr., Inc. v. NC Dep't of Health & Hum. Servs.  (18-679 - Published)   Author: Judge Robert Hunter Jr.
Statute of limitations; Procedural due process; Claim against State agency, DHHS.
State v. Augustin  (18-373 - Published)   Author: Judge Chris Dillon
Motion to suppress, unlawful search and seizure, reasonable suspicion, companion?s actions, backing away
State v. Conley  (18-305 - Published)   Author: Judge Wanda Bryant
Sentencing; Double Jeopardy; Rule 2; Statutory Interpretation
State v. Corbett  (18-327 - Published)   Author: Judge Mark Davis
Statutory rape; Sexual exploitation of a minor; Lascivious Act; Motion to dismiss
State v. Koke  (18-662 - Published)   Author: Judge John Tyson
Obtaining property by false pretenses; insurance fraud; plain error review; relevancy; limiting instructions; disclosure on application.
State v. Parks  (18-422 - Published)   Author: Judge Hunter Murphy
self-defense instruction; flight instruction
State v. Wright (18-209) - [Withdrawn by order of the Court]
notice, aggravating factors, sentencing, IAC
Walker v. K&W Cafeterias  (18-429 - Published)   Author: Judge John Tyson
Workers' Compensation; wrongful death; third-party tortfeasor; subrogation lien; jurisdiction- choice of law; In re Civil Penalty.
Unpublished Opinions
19 February 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 11 March 2019 

Caldwell Mem'l Hosp., Inc. v. NC Dep't of Health & Hum. Servs. (18-586 - Unpublished)   Author: Judge John Arrowood
certificate of need; substantial prejudice
Cannizzaro v. Set in Stone, Inc. (18-594 - Unpublished)   Author: Judge Robert Hunter Jr.
Breach of Contract.
Cheatham v. Town of Taylortown (18-625 - Unpublished)   Author: Judge John Arrowood
subject matter jurisdiction; failure to exhaust administrative remedies
Funderburk v. City of Greensboro, NC (18-632 - Unpublished)   Author: Judge Lucy Inman
SUBJECT MATTER JURISDICTION ADMINISTRATIVE REMEDY QUASI-ESTOPPEL ZONING
Hampton v. NC Dep't of Transp. (18-684 - Unpublished)   Author: Judge John Tyson
Tort Claims Act, negligence; NC Department of Transportation; highway widening; flooding unchallenged findings of fact; proximate cause; duty of care.
In re: A.W. (18-877 - Unpublished)   Author: Judge Hunter Murphy
3.1; no merits brief
In re: D.P., J.P., J.P. (18-857 - Unpublished)   Author: Judge Robert Hunter Jr.
Permanency Planning Order, Neglected and Dependent.
In re: J.E.O. (18-585 - Unpublished)   Author: Judge Robert Hunter Jr.
Willful Abandonment.
In re: K.S. (18-763 - Unpublished)   Author: Judge Linda McGee
Permanent plan; elimination of reunification; N.C. Gen. Stat. Sec. 7B-906.2
In Re: P.R.T. (18-730 - Unpublished)   Author: Judge Hunter Murphy
3.1; neglect; removal; willful abandonment
King v. Pike Elec. (18-440 - Unpublished)   Author: Judge Wanda Bryant
Compromise Settlement Agreement; Enforceable
Nordman v. Nordman (18-405 - Unpublished)   Author: Judge Lucy Inman
Robinson v. GGNSC Holdings, LLC (18-706 - Unpublished)   Author: Judge Chris Dillon
Entry of default, notice, default judgment, medical malpractice, language of the complaint, motion for relief
State v. Brinkley (18-435 - Unpublished)   Author: Judge Tobias Hampson
Motion to Dismiss; Aggravating factor; Aggravated offense; Satellite-based monitoring.
State v. Bryan (18-605 - Unpublished)   Author: Judge Hunter Murphy
probation violation; absconding; notice
State v. Bunkley (18-545 - Unpublished)   Author: Judge Phil Berger Jr.
plea agreements; petition for a writ of certiorari; clerical error
State v. Everett (18-449 - Unpublished)   Author: Judge Richard Dietz
Indecent liberties with a child; Rule 404(b) evidence of prior sexual assault; Plain error; Requirements of similarity and temporal proximity; Summary imposition of satellite-based monitoring without evidence
State v. Foster (18-540 - Unpublished)   Author: Judge Phil Berger Jr.
probable cause; search warrant; confidential informant
State v. Little (18-757 - Unpublished)   Author: Judge Valerie Zachary
larceny from the person; misdemeanor larceny; jury instructions
State v. Logan (18-723 - Unpublished)   Author: Judge Richard Dietz
Limitation on right to appeal after guilty plea; Challenge to factual basis for plea and sufficiency of evidence; Challenge to prior convictions underlying plea to habitual charges; Sentencing in accordance with plea agreement; Challenge to calculation of prior record level; Appellate jurisdiction for MAR
State v. Renderos (18-590 - Unpublished)   Author: Judge John Tyson
Driving while impaired, portable breath test, relevance, prejudice, unpreserved error, waived plain error review.
State v. Robinson (18-661 - Unpublished)   Author: Judge Chris Dillon
possession of a firearm by a felon; habitual felon; possession; constructive possession; actual possession; totality of the circumstances; relevance; relevant evidence; Rule 401; Rule 402; prejudicial; domestic violence protective order; DVPO
State v. Sadler (18-812 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; driving while impaired; jury instructions
State v. Slade (18-352 - Unpublished)   Author: Judge Lucy Inman
Forfeiture Final judgment date Relief
State v. Ward (18-369 - Unpublished)   Author: Judge Mark Davis
Hearsay; plain error
State v. Wardrett (18-434 - Unpublished)   Author: Judge Valerie Zachary
impartial jury; N.C.R. App. P. 2; expert ballistics testimony; prior conviction under Rule 609(b)
State v. Whitmore (18-798 - Unpublished)   Author: Judge John Arrowood
felony death by vehicle; necessity; duress; prior record level
State v. Woods (18-442 - Unpublished)   Author: Judge Phil Berger Jr.
guilty plea; preservation; Rule 2
Stathum-Ward v. Wal-Mart Stores, Inc. (18-738 - Unpublished)   Author: Judge John Arrowood
jury instructions; spoliation; motion in limine

Filed: 5 February 2019
Mandate: 25 February 2019
Zip File of Published Opinions

Case Title / Description
The Est. of William Belk v. Boise Cascade Wood Prods., L.L.C.  (18-542 - Published)   Author: Judge Chris Dillon
Workers? compensation, jurisdiction, interlocutory, transformation of 12(b)(6) into summary judgment, lent employee doctrine, no genuine issue of fact
In re: B.M.B.  (18-428 - Published)   Author: Judge Hunter Murphy
juvenile, mootness, dismissed as moot
Jones v. Jones  (18-478 - Published)   Author: Judge John Arrowood
entry of default; specific performance
Lamb v. Styles  (18-350 - Published)   Author: Judge Linda McGee
Professional Negligence; Surveyors; Duty of Care
McLaughlin v. Bailey  (18-665 - Published)   Author: Judge Donna Stroud
60(b)(6), subordinate tribunals may not overrule higher tribunals
Rivera v. Matthews  (18-359 - Published)   Author: Judge Lucy Inman
Abatement; Subject-Matter Jurisdiction; Child Custody; Grandparent Custody/Visitation
Smith v. Rodgers  (18-261 - Published)   Author: Judge Lucy Inman
Equitable distribution Painter Watson Claim
State v. Nixon  (18-787 - Published)   Author: Judge Tobias Hampson
Motion for Appropriate Relief; Bill of Information; Waiver of Indictment; Jurisdiction
State v. Shelton  (17-1426 - Published)   Author: Judge Mark Davis
Motion to dismiss; N.C. Gen. Stat. § 20-138.1(a)(1); N.C. Gen. Stat. § 20-141.4; prescription drugs; driving while impaired; closing argument
State v. Sheridan  (18-312 - Published)   Author: Judge John Tyson
Motion to dismiss, sexual offense in a parental role, parent-child relationship, pro se motion for speedy trial, motion for mistrial, satellite-based monitoring determination.
Unpublished Opinions
5 February 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 25 February 2019 

Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc. (18-378 - Unpublished)   Author: Judge Mark Davis
Liquidated damages; illusory contract; unconscionability; condition precedent; charter school
Brunson v. NC Dep't of Justice (18-837 - Unpublished)   Author: Judge Lucy Inman
Industrial Commission; default; subject matter jurisdiction
Brunson v. NC Dep't of Justice (18-656 - Unpublished)   Author: Judge Lucy Inman
Industrial Commission; default judgment; subject matter jurisdiction
Foster v. Wells Fargo Bank, N.A. (18-643 - Unpublished)   Author: Judge Richard Dietz
Appeal from Rule 12(b)(6) dismissal; Appeal from Denial of Rule 60(b)(6) motion; Timeliness of notice of appeal
Hunt v. Collinsworth (18-301 - Unpublished)   Author: Judge Robert Hunter Jr.
Res Judicata; Name Change.
In re: C.S. (18-439 - Unpublished)   Author: Judge Hunter Murphy
juvenile, mootness, dismissed as moot
In re: G.G.K. & C.R.K. (18-640 - Unpublished)   Author: Judge Chris Dillon
Case description: termination; parental rights; willfulness; abandonment; foster care; sex offender; substance abuse
In re: I.C. (18-869 - Unpublished)   Author: Judge Phil Berger Jr.
permanency planning order; notice of appeal
In Re: J.P.N. (18-622 - Unpublished)   Author: Judge Donna Stroud
adjudication of neglect
In re: N.A.C. (18-721 - Unpublished)   Author: Judge Donna Stroud
no-merit brief, termination, parental rights
In re: N.L.C. (18-669 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; best interest of the child
In Re: S.M. (18-759 - Unpublished)   Author: Judge Chris Dillon
Child custody, verification of each guardian, reunification, competent evidence
Int'l Prop. Dev., LLC v. K Constr. & Roofing, LLC (17-509-2 - Unpublished)   Author: Judge Hunter Murphy
Denial of motion for summary judgment; damages award; claim of lien upon funds; equitable lien; constructive trust
Lloyd v. Bailey (18-666 - Unpublished)   Author: Judge Donna Stroud
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals
Morgan v. Defeo (18-322 - Unpublished)   Author: Judge Robert Hunter Jr.
Domestic Violence Protective Order.
Sanghrajka v. Fam. Fare, LLC (18-164 - Unpublished)   Author: Judge Phil Berger Jr.
motion to dismiss; contract; continuing wrong doctrine; UDTP claim
State v. Bros. (18-177 - Unpublished)   Author: Judge Richard Dietz
Anders Brief; Clerical Error on Judgment Form; Possession of a Firearm by a Felon
State v. Brown (18-279 - Unpublished)   Author: Judge Lucy Inman
Turner Statute of Limitations Driving while impaired
State v. Clark (18-291 - Unpublished)   Author: Judge Richard Dietz
Superior Court Jurisdiction to Hear Misdemeanor Charges in First Instance; Sufficiency of Record to Establish Subject Matter Jurisdiction of Trial Court; Jurisdictional Defect in Appellate Record Where Presentment Not Included in Record
State v. Clawson (18-57 - Unpublished)   Author: Judge Hunter Murphy
Ineffective Assistance of Counsel
State v. Davis (18-471 - Unpublished)   Author: Judge Lucy Inman
Anders Kinch Written argument
State v. Dotson (18-443 - Unpublished)   Author: Judge Lucy Inman
Anders Kinch Written argument
State v. Forte (17-669-2 - Unpublished)   Author: Judge Robert Hunter Jr.
Sufficiency of Habitual felon indictment.
State v. Fowler (16-947-2 - Unpublished)   Author: Judge Robert Hunter Jr.
Jury Instructions; Expert Testimony.
State v. Johnson (18-556 - Unpublished)   Author: Judge Lucy Inman
speeding to elude arrest; habitual felon; restitution
State v. Kingsberry (18-226 - Unpublished)   Author: Judge Wanda Bryant
Ex Mero Motu; Invited Error; Acting in Concert
State v. Lamberth (18-370 - Unpublished)   Author: Judge Lucy Inman
Indictment Jurisdiction Communicating threats Insufficiency of the evidence
State v. Latham (17-1075 - Unpublished)   Author: Judge Hunter Murphy
Hearsay; Rule 403; Vouching of victim credibility
State v. Lloyd (18-53 - Unpublished)   Author: Judge Hunter Murphy
Sentencing
State v. McKoy (18-564 - Unpublished)   Author: Judge Lucy Inman
DWI; habitual felon; Anders; guilty plea
State v. Morgan (18-575 - Unpublished)   Author: Judge Lucy Inman
Analogue Ethylone Controlled substance Insufficient evidence Continuance
State v. Narron (18-193 - Unpublished)   Author: Judge Phil Berger Jr.
admissibility of evidence; plain error
State v. Otto (18-574 - Unpublished)   Author: Judge Richard Dietz
Ineffective Assistance of Counsel Claim; Untimely Motion to Suppress
State v. Sanders (18-476 - Unpublished)   Author: Judge Lucy Inman
Motion to Dismiss; Sufficiency of the Evidence; Drug Trafficking
State v. Spencer (18-304 - Unpublished)   Author: Judge Chris Dillon
Case description: attempted rape; assault; strangulation; prior bad acts; testimony; evidence; 404(b); character evidence; unduly prejudicial; prejudicial error; 403
State v. Swafford (18-324 - Unpublished)   Author: Judge Phil Berger Jr.
Satellite-based monitoring; Ineffective assistance of counsel
State v. Thompson (18-423 - Unpublished)   Author: Judge Hunter Murphy
Possession of a firearm by a felon; constructive possession; IAC; appeal dismissed
State v. Tyson (18-459 - Unpublished)   Author: Judge Richard Dietz
Civil Judgment for Court-Appointed Counsel Fees; Notice and Opportunity to be Heard; Imposition of Court Costs and Fees; Restitution
State v. White (18-401 - Unpublished)   Author: Judge Lucy Inman
Notice of appeal Civil judgment Jurisdiction
Summit De Corp. v. Kweider Bros. Inc. (18-353 - Unpublished)   Author: Judge Robert Hunter Jr.
Enforcing Mediated Settlement Agreement.
Teague & Glover, P.A. v. Kane & Silverman, P.C. (17-727 - Unpublished)   Author: Judge Phil Berger Jr.
personal jurisdiction; contract; court costs; prejudgment interest
Turnmire v. Eldreth (17-960 - Unpublished)   Author: Judge Phil Berger Jr.
Walz v. Walz (18-240 - Unpublished)   Author: Judge Phil Berger Jr.
custody order; subject matter jurisdiction; UCCJEA
Young v. Bailey (18-664 - Unpublished)   Author: Judge Donna Stroud
Rule 60(b)(6), subordinate tribunals may not overrule higher tribunals

Filed: 15 January 2019
Mandate: 4 February 2019
Zip File of Published Opinions

Case Title / Description
Dill v. Loiseau  (18-361 - Published)   Author: Judge Mark Davis
Declaratory Judgment; Restrictive covenants; General scheme of development; Radical changes to covenanted area; Waiver of right to enforce covenants
In re: E.M.  (18-685 - Published)   Author: Judge Valerie Zachary
juvenile delinquency; mandatory referral to area mental health services director when trial court presented with evidence that juvenile is mentally ill
In re: I.R.L.  (18-427 - Published)   Author: Judge Chris Dillon
Parental rights; termination; domestic violence; DVPO; abandonment; willfulness; child support; notice
Jackson v. Don Johnson Forestry, Inc.  (18-354 - Published)   Author: Judge Chris Dillon
Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity
Marlin Leasing Corp. v. Essa  (18-610 - Published)   Author: Judge Mark Davis
Full Faith and Credit; service of process; default judgment; foreign jurisdiction
State v. Casey  (18-269 - Published)   Author: Judge Chris Dillon
Vouching; Credibility; Invited Error; Ineffective Assistance of Counsel; Motion for Appropriate Relief; Cross-Examination; Sexual Abuse; Expert; Trial Counsel; Appellate Counsel
State v. Gonzalez  (18-228 - Published)   Author: Judge Richard Dietz
Conflicting Court of Appeals Precedent; In re Civil Penalty; Authority of Court of Appeals Panels to Overrule Earlier Panel Decisions
State v. Hinton  (18-530 - Published)   Author: Judge Valerie Zachary
aggravated sentencing; aggravating factor; Blakely v. Washington; harmless error
State v. Juene  (18-526 - Published)   Author: Judge Chris Dillon
Robbery; Robbery with a Dangerous Weapon; Motion to Suppress; Pre-trial Identification; Show-up; Sixth Amendment; Impermissibly Suggestive
State v. Mayo  (18-331 - Published)   Author: Judge Phil Berger Jr.
guilty plea; Anders brief; civil judgment for attorney's fees and costs
State v. Smith  (18-518 - Published)   Author: Judge John Tyson
First-degree capital murder; premeditation and deliberation; felony murder; jury instructions on informant's testimony; acting in concert; Rules of Evidence, 401, 402 and 403.
State v. Wilson  (18-550 - Published)   Author: Judge Valerie Zachary
motion to dismiss; disseminating obscene material to a minor; unanimous jury verdict; indecent liberties; first-degree statutory rape of a child; reconsideration of decision not to testify
Walsh v. Jones  (18-496 - Published)   Author: Judge Donna Stroud
custody modification, visitation
Unpublished Opinions
15 January 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 4 February 2019 

D.A.N. Joint Venture Props. Of NC, LLC v. N.C. Grange Mut. Ins. Co. (18-265 - Unpublished)   Author: Judge Valerie Zachary
Dingeman v. Mission Health Sys., Inc. (18-634 - Unpublished)   Author: Judge Chris Dillon
Industrial Commission; workers compensation; Parsons presumption; compensability; burden of proof
Gray v. NC Dep't of Pub. Safety (18-446 - Unpublished)   Author: Judge Chris Dillon
Sex discrimination; hostile work environment; office of administrative hearings; judicial notice; just cause; subject matter jurisdiction; administrative remedies; ?whole record? test
Hughes v. Drohan (18-399 - Unpublished)   Author: Judge Donna Stroud
child support, change of circumstances, income, expenses
In re: A.H. (18-624 - Unpublished)   Author: Judge Chris Dillon
Parental rights, termination, neglect, willfulness, reasonable progress, visitation, best interest of the child
In re: C.L.R. & Z.N.R. (18-314 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights
In re: N.J.M.G. (18-715 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; neglected juvenile
In re: S.M.M. (18-561 - Unpublished)   Author: Judge Phil Berger Jr.
termination of parental rights; neglected juvenile
In re: T.O., Jr., K.D-D., T.O. (18-596 - Unpublished)   Author: Judge Donna Stroud
termination of parental rights, no merit brief, Rule 3.1(e)
Rolls v. Just Stumps, Inc. (17-1322 - Unpublished)   Author: Judge Hunter Murphy
Workers' Compensation
State v. Aguilh (18-310 - Unpublished)   Author: Judge Lucy Inman
Preservation; Plain Error; Motions to Suppress; N.C. Gen. Stat § 15A-975(c)
State v. Baker (17-1354 - Unpublished)   Author: Judge Robert Hunter Jr.
Anders
State v. Blue (18-677 - Unpublished)   Author: Judge Valerie Zachary
sufficiency of the evidence; assault upon a law enforcement agency animal; N.C.R. App. P. 2; jury instruction; plain error
State v. Bova (18-413 - Unpublished)   Author: Judge Wanda Bryant
Sentencing; aggravating Factors; Stipulation
State v. Burney (18-455 - Unpublished)   Author: Judge Robert Hunter Jr.
Collateral Attack; IAC; Motion to Dismiss.
State v. Dinkins (18-138 - Unpublished)   Author: Judge Robert Hunter Jr.
Rule 404(b)
State v. Disorda (18-620 - Unpublished)   Author: Judge Chris Dillon
Solicitation by Computer; Appearing at a Location; Entrapment; Motion to Dismiss; Rule 2; Jury Instruction; Confession; Closing Argument; ex mero motu; Clerical Error
State v. Ford (18-535 - Unpublished)   Author: Judge Robert Hunter Jr.
Motion to Dismiss; Preservation; Rule 10.
State v. Gibson (18-454 - Unpublished)   Author: Judge Valerie Zachary
appellate jurisdiction; untimely notice of appeal; writ of certiorari; admission of a videotape as substantive/illustrative evidence; preservation of alleged errors by trial court; imposition of civil judgment for attorney's fees without notice and opportunity to be heard
State v. Gomez (18-144 - Unpublished)   Author: Judge Robert Hunter Jr.
Second Degree Forcible Rape; Penetration.
State v. Hopper (18-558 - Unpublished)   Author: Judge Robert Hunter Jr.
Constructive Possession.
State v. Hughes (18-631 - Unpublished)   Author: Judge Robert Hunter Jr.
Plain Error.
State v. Hugo (18-342 - Unpublished)   Author: Judge Richard Dietz
Burglary; Conspiracy; Sufficiency of Evidence of Intent Element of First Degree Burglary; Right to Appeal from Arrested Judgment
State v. Kawelo (18-316 - Unpublished)   Author: Judge Phil Berger Jr.
plea agreements; N.C. Gen. Stat. § 14-202.5
State v. Mills (18-315 - Unpublished)   Author: Judge Robert Hunter Jr.
Constructive Possession; Exclusive Control.
State v. Mitchell (18-333 - Unpublished)   Author: Judge Richard Dietz
Murder; Conspiracy to Commit Murder; Testimony Regarding Defendant's Silence; Ineffective Assistance of Counsel; Sufficiency of Evidence to Support Multiple Counts of Conspiracy
State v. Mooney (18-368 - Unpublished)   Author: Judge Chris Dillon
Cross-examination; preserved; objection; prior bad acts; plain error; impeachment; ?open the door?
State v. Morales (18-539 - Unpublished)   Author: Judge Phil Berger Jr.
motion to suppress; Miranda warnings; interrogation; voluntary statements
State v. Reynolds (18-445 - Unpublished)   Author: Judge Robert Hunter Jr.
Anders; Remand Instructions.
State v. Richardson (17-1313 - Unpublished)   Author: Judge Robert Hunter Jr.
Use of Threat; Use of Deadly Weapon.
State v. Ryckeley (18-139 - Unpublished)   Author: Judge Robert Hunter Jr.
Possession of a Firearm.
State v. Sinclair (18-293 - Unpublished)   Author: Judge Robert Hunter Jr.
Plain Error; Jury Instructions.
State v. Smith (18-421 - Unpublished)   Author: Judge Chris Dillon
Motion to suppress, fruit of the poisonous tree, inevitable discovery, plain view, motion to dismiss, constructive possession
State v. Terrell (18-237 - Unpublished)   Author: Judge Mark Davis
Motion to suppress; Driving while impaired; Probable cause; De facto arrest; Conflict between oral and written orders of trial court
State v. W. (18-242 - Unpublished)   Author: Judge Lucy Inman
Guilty Plea; Petition for Writ of Certiorari
State v. Waddell (18-219 - Unpublished)   Author: Judge Phil Berger Jr.
State v. Weaver (18-740 - Unpublished)   Author: Judge John Arrowood
SBM; juror communication
Swanson v. Enloe (18-617 - Unpublished)   Author: Judge Wanda Bryant
Rules of Appellate Procedure; Rule 3; Notice of Appeal
Veer Right Mgmt. Grp., Inc. v. Czarnowski Display Serv., Inc. (18-420 - Unpublished)   Author: Judge Robert Hunter Jr.
Complex business case with claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, civil conspiracy, tortious interference with employment contract; unfair and deceptive trade practices; and adverse inference.
Welch v. R&M Charlotte LLC (17-649 - Unpublished)   Author: Judge Phil Berger Jr.
contract; contract interpretation

Filed: 2 January 2019
Mandate: 22 January 2019
Zip File of Published Opinions

Case Title / Description
Meinck v. City of Gastonia  (16-892-2 - Published)   Author: Judge John Tyson (View Supreme Court Opinion)
Governmental injury; waiver-insurance; ambiguous terms; summary judgment; general liability policy
NC Farm Bureau Mut. Ins. Co., Inc. v. Cox  (18-225 - Published)   Author: Judge Linda McGee
Liability insurance; Duty to Defend; Proximate Cause; Bodily Injury
Propst Bros. Dists., Inc. v. Shree Kamnath Corp.  (18-519 - Published)   Author: Judge Linda McGee
Restrictive Covenant; Negative Covenant; Affirmative Covenant; Real Property; Deeds; Ambiguity
Unpublished Opinions
2 January 2019  - Rule 30e - Zip File of Unpublished Opinions
Mandate: 22 January 2019 

Bordini v. Donald J. Trump For President, Inc. (18-409 - Unpublished)   Author: Judge Chris Dillon
Vicarious liability, independent contractor, negligent retention, actual and constructive notice, summary judgment