Appellate Court Opinions
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2,698 Appellate Court Opinions
Supreme Court Opinions Filed October 29, 2021
Bandy v. A Perfect Fit For You, Inc.
Whether the Business Court erred by entering an order which refused to authorize payment of fees to an attorney who performed legal services for a receiver solely because the Business Court believed the attorney violated a prior order establishing the procedure for seeking authorization of fee payments. Whether an attorney for a receiver may recoup fees for work performed in relation to litigation arising from the trial court's prior denial of authorization to pay fees.
Copeland v. Amward Homes of N.C., Inc.
Whether a real estate developer has a duty to sequence development or conduct mass grading; whether a real estate developer has a duty to protect against the negligence of a third party.
In re B.R.L.
Whether clear and convincing evidence supported the trial court's conclusion that respondent willfully abandoned the juvenile pursuant to N.C.G.S. 7B-1111(a)(7) and whether the trial court failed to make findings of the likelihood of future neglect pursuant to N.C.G.S. 7B-1111(a)(1) in concluding grounds existed to terminate parental rights.
In re O.E.M.
Appeal from order terminating respondent-father's parental rights; whether the trial court erred by terminating respondent-father's parental rights despite Department of Social Service's failure to verify a motion in the cause seeking termination of a father's parental rights pursuant to N.C.G.S. 7B-1104.
In re Z.M.T.
Appeal from orders terminating respondent's parental rights; whether respondent received ineffective assistance of counsel.
Plantation Bldg. of Wilmington, Inc. v. Town of Leland
Whether the trial court erred when it certified a class based on a class certification motion filed after a summary judgment motion had been granted in plaintiff's favor.
State v. Dew
Whether there is sufficient evidence of multiple assaults in the light most favorable to the State to submit the issue to the jury; whether there is sufficient evidence to establish that defendant used his hands, feet, or teeth as deadly weapons.
State v. Graham
Whether the Georgia statutory rape statute under which defendant was previously convicted was substantially similar to North Carolina's statutory rape statute such that defendant's prior Georgia conviction could count as a higher penalty class for purposes of determining defendant's prior record level for sentencing.
State v. Leaks
Whether the trial court committed harmless error when it declined to give defendant's requested self-defense instruction.
State v. Strudwick
Whether the trial court's order requiring defendant to submit to lifetime satellite-based monitoring once released from prison is constitutional when the determination as to whether the search effected by satellite-based monitoring is reasonable occurs decades before the search would likely take place.
State v. Wright
Appeal based on a dissent seeking review of the trial court's denial of defendant's motion to dismiss.
Ward v. Halprin
Whether the Court of Appeals erred in affirming the trial court's award of final decision-making authority to defendant; whether the Court of Appeals erred in affirming the trial court's award of attorney's fees to defendant.
Supreme Court Opinions Filed September 24, 2021
In re B.J.H.
Termination of parental rights; adjudication under N.C.G.S. 7B-1111(a)(2); evaluating parent's progress at the time of the adjudicatory hearing rather than subsequent dispositional hearing; parent's refusal to sign DSS case plan; lack of court order requiring parent's compliance with case plan.
In re D.C.
Appeal from order terminating respondents' parental rights; termination of respondents' parental rights pursuant to N.C.G.S. 7B-1111(a)(3); failure to pay for the cost of care for the juvenile; whether the trial court conducted the adjudicatory hearing under a fundamental misapprehension of the law.
In re D.J.
Termination of parental rights; whether the trial court erred by denying respondent's motion to continue; whether the trial court complied with the requirements of the Indian Child Welfare Act.
In re D.T.H.
Termination of parental rights based upon neglect by abandonment pursuant to N.C.G.S. 7B-1111(a)(1), dependency pursuant to N.C.G.S. 7B-1111(a)(6), and abandonment pursuant to N.C.G.S. 7B-1111(a)(7).
In re J.D.D.J.C.
No-merit appeal pursuant to Rule 3.1(e) of the North Carolina Rules of Appellate Procedure from an order terminating parental rights pursuant to N.C.G.S. 7B-1111(a)(1), (2), (6), and (9).
In re K.B.
Appeal from an order terminating respondents' parental rights; whether the evidence supports the trial court's findings of fact and whether the findings of fact supports its conclusion that respondent-mother's parental rights should be terminated pursuant to N.C.G.S. 7B-1111(a)(1) (2019); whether the trial court abused its discretion in concluding that it was in the children's best interests that respondent-father's parental rights be terminated.