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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15,820 Appellate Court Opinions

, Court of Appeals , COA22-305 (Judge Richard Dietz) , Published
Devore v. Samuel

Contribution and indemnity claims against school board in bus negligence case; limited waiver of governmental immunity; Tort Claims Act; Rule 14 of the Rules of Civil Procedure; N.C. Gen. Stat. 1B-1(h); statutes strictly construed against waiver of governmental immunity

, Court of Appeals , COA22-423 (Judge Lucy Inman) , Published
Dillree v. Dillree

incompetent spouse; powers of general guardian; equitable distribution claim; legal separation; subjective intent; statutory interpretation; motion to dismiss; lack of subject matter jurisdiction; N.C. Gen. Stat. Sections 50-20, 50-22, 35A-1202, 35A-1241, 35A-1251

, Court of Appeals , COA22-185 (Judge Valerie Zachary) , Published
Duffy v. Camp

summary judgment; derivative claims; fiduciary duty of officer to corporation; fiduciary duty of majority shareholders to minority shareholder; tradename infringement; conversion; unjust enrichment; unfair and deceptive trade practices; civil conspiracy

, Court of Appeals , COA21-671 (Judge April Wood) , Published
Expert Discovery, LLC v. AT&T Corp.

North Carolina False Claims Act; Qui tam action; 911 Service fees; Rule 12 dismissals; First-to-File Rule; N.C. Gen. Stat. § 1-608(b)(5); N.C. Gen. Stat. § 1-610; N.C. Gen. Stat. § 143B-1403(a); S.B. 99; S.B. 335; Retroactive application of legislation; Vested right; Inchoate right; Relator.

, Court of Appeals , COA22-377 (Judge Tobias Hampson) , Published
In re: B.M.T.

Consent for Adoption; Biological Father; financial support under N.C. Gen. Stat. § 48-3-601

, Court of Appeals , COA21-694 (Judge John Tyson) , Published
In re: E.B.

Involuntary commitment;
Appellate review;
N.C. Gen. Stat. § 122C-3(11)(a)(1)-(II);
Standard of review;
Presumptions;
Burden of proof;

, Court of Appeals , COA22-172 (Judge Lucy Inman) , Published
In re: Moretz

Foreclosure; Appellate Rule Violations; Dismissal

, Court of Appeals , COA21-716 (Judge John Tyson) , Published
In re: The McClatchy Co., LLC

Law enforcement recordings;
N.C.G.S. § 132-1.4A;
Threshold showing of entitlement;
Restrictions;
Not public or personnel records;

, Court of Appeals , COA22-455 (Judge Allegra Collins) , Published
Moschos v. Moschos

plaintiff abandoned 12(b)(1) argument; intentional infliction of emotional distress claim properly dismissed because plaintiff failed to allege that he suffered severe emotional distress

, Court of Appeals , COA22-186 (Judge Tobias Hampson) , Published
Paxton v. Owen

Undue Influence; Summary Judgment; Caveat Proceeding

, Court of Appeals , COA22-588 (Judge Darren Jackson) , Published
State v. Adams

trial court erred by conditioning driving while impaired defendant's transfer from supervised to unsupervised probation on the passage of a certain amount of time

, Court of Appeals , COA22-348 (Judge John Tyson) , Published
State v. Mackey

Forgery;
Uttering;
Obtaining Property by False Pretenses;
Fatal Defect;
Fatal Variance;
Motion to Dismiss;
Unpreserved Issues on Appeal;
Sufficiency of the State's evidence under State v. Golder, 374 N.C. 238, 246, 839 S.E.2d 782, 788 (2020);
Statutory Right to Recordation;
N.C. Gen Stat. ? 15A-1241;
Private Bench Conferences;

, Court of Appeals , COA20-839 (Judge Darren Jackson) , Published
State v. Monroe

statute authorizing punishment of second-degree murder as a class B1 felony under two of three definitions of malice was not ambiguous, and sentencing defendant as a B1 felony offender was not error where jury unanimously found by special verdict form that all three forms of malice had been proven by the state

, Court of Appeals , COA22-354 (Judge Allegra Collins) , Published
State v. Scarboro

no plain error where trial court defined sexual act to include disjunctive acts

, Court of Appeals , COA22-257 (Judge April Wood) , Published
State v. Smith

Hearsay; Confidential informant; Surveillance video; Computer-generated time and date-stamp on video; Plain error; Computer records.

, Court of Appeals , COA21-651 (Judge John Tyson) , Published
Sullivan v. Woody

Grandparent Visitation;
Attorney's Fees under N.C. Gen. Stat. § 50-13.6;
Appellate Attorney's Fees under Rule 34 of the North Carolina Rules of Appellate Procedure;
Prior Appeal;
State Bar Rule 1.5;
Required Finding of Fact;
Failure to Follow Mandate on Remand;

, Supreme Court , 228A21 (Justice Michael Morgan) , Published
C Invs. 2, LLC v. Auger

Whether North Carolina's Real Property Marketable Title Act exempts all restrictive covenants pertaining to a general or uniform scheme of development that restricts property to residential use.

, Supreme Court , 36A22 (Justice Sam Ervin IV) , Published
Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.

Whether plaintiffs Cedarbrook Residential Center and Fred Leonard stated valid claims for negligence on the part of defendant North Carolina Department of Health and Human Services based upon the manner in which it inspected and took regulatory action against plaintiffs' adult care facility, whether any such claim is barred by sovereign immunity, and whether the public duty doctrine is available to defendant as an affirmative defense.