Appellate Court Opinions

Slip opinions (court's decision in a case) filed and written by the justices of the Supreme Court or judges of the Court of Appeals

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2,758 Appellate Court Opinions

, Supreme Court , 95PA25 (Per Curiam) , Published
In re S.W.

Whether the prior pending action doctrine precluded the trial court from adjudicating a termination of parental rights petition where there was a preexisting pending motion for review in another jurisdiction.

, Supreme Court , 54PA24 (Justice Tamara Barringer) , Published
Lassiter v. Robeson Cnty. Sheriff's Dep't

Describing the distinction between the joint employment doctrine and lent employee doctrine and determining whether plaintiff, a law enforcement officer conducting off-duty traffic control work, was jointly employed by the sheriff's office and the road repair company.

, Supreme Court , 217PA24 (Justice Anita Earls) , Published
Mata v. N.C. Dep't of Transp.

Whether Map Act recordings effectuate indefinite takings of restricted property rights when the Map Act itself was later repealed, and the proper measure of compensation for this indefinite taking.

, Supreme Court , 272A23 (Justice Allison Riggs) , Published
N.C. Dep't of Revenue v. Wireless Ctr. of N.C., Inc.

Whether, under the North Carolina Sales and Use Tax Act, real-time replenishments met the statutory definition of prepaid wireless calling service and are taxable at the point of sale.

, Supreme Court , 87PA24 (Justice Trey Allen) , Published
Sanders v. N.C. Dep't of Transp.

Whether plaintiff abandoned his right to seek damages for Map Act restrictions on his land by not raising the issue in a condemnation action instituted by the N.C. Department of Transportation after those restrictions went into effect.

, Supreme Court , 103PA24 (Justice Phil Berger Jr.) , Published
State v. Allison

Whether the Court of Appeals erred in concluding the trial court's jury instructions on the castle doctrine defense did not constitute plain error.

, Supreme Court , 32A25 (Justice Tamara Barringer) , Published
State v. Bracey

Whether there was sufficient evidence that a criminal defendant knew or had reasonable grounds to believe the gun in his possession was stolen in violation of N.C.G.S. 14-71.1.

, Supreme Court , 238A23 (Justice Allison Riggs) , Published
State v. Calderon

Whether the trial court erred by denying defendant's motion to dismiss his indecent liberties charges.

, Supreme Court , 31A24 (Justice Allison Riggs) , Published
State v. Ford

Whether the Court of Appeals erred in its sufficiency of the evidence analyses in considering the trial court's denial of defendant's motions to dismiss.

, Supreme Court , 442PA20-2 (Justice Phil Berger Jr.) , Published
State v. Kelliher

Whether the Court of Appeals erred in concluding that the sentencing court entered an order that exceeded the scope of the reviewing court's mandate.

, Supreme Court , 34A25 (Per Curiam) , Published
State v. Reel

Whether the Court of Appeals erred by affirming the trial court's order denying defendant's motion to suppress evidence under the knock and talk exception to the Fourth Amendment warrant requirement.

, Supreme Court , 52PA25 (Per Curiam) , Published
Creech v. Town of Cornelius

Whether the Court of Appeals erred in holding that defendant, a negligent truck driver, had adequate time and means to avoid injuring plaintiff, a contributorily negligent pedestrian.

, Supreme Court , 71PA24 (Justice Allison Riggs) , Published
Land v. Whitley

Whether defendants had a right of immediate appellate review of the trial court's interlocutory order denying defendants' motions to dismiss based on a claim of statutory immunity under the Emergency or Disaster Treatment Protection Act.

, Supreme Court , 303A20-2 (Justice Phil Berger Jr.) , Published
Long v. Fowler

Whether the Court of Appeals erred in affirming the trial court's order granting defendants' motion for summary judgment based on lack of proximate cause.

, Supreme Court , 318A24 (Justice Anita Earls) , Published
Mauck v. Cherry Oil Co.

Whether the Business Court erred in dismissing a claim for judicial dissolution under N.C.G.S. 55-14-30(2)(ii) for lack of standing when the plaintiff-shareholder held the contractual right to exercise a put option and sell their shares back to the company at fair market value.

, Supreme Court , 121A23 (Justice Richard Dietz) , Published
Mitchell v. Univ. of N.C. Bd. of Governors

Whether courts interpreting state rules and regulations must defer to the legal interpretation of the state agency responsible for promulgating those rules and regulations.

, Supreme Court , 338PA23 (Justice Trey Allen) , Published
N.C. Dep't of Env't Quality v. N.C. Farm Bureau Fed'n, Inc.

Whether the North Carolina Department of Environmental Quality, Division of Water Resources, unlawfully incorporated certain conditions into general permits for animal waste management systems without satisfying the rulemaking requirements of the Administrative Procedure Act.

, Supreme Court , 173PA23 (Per Curiam) , Published
Southland Nat'l Ins. Corp. v. Lindberg

Whether reliance is reasonable in a claim for fraud in the inducement when the complaining party failed to conduct any material due diligence on the representations and warranties upon which the fraud claim is based.