Appellate Court Opinions
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15,820 Appellate Court Opinions
State v. Dover
Whether the trial court properly denied defendant's motion to dismiss for insufficiency of the evidence.
State v. Kelliher
Whether imposition of two consecutive sentences of life with parole constituted de facto life without parole in violation of the state or federal constitutions as applied to juvenile offender found guilty of two counts of first-degree murder who trial court determined to be not incorrigible.
State v. Killette
Petition for writ of certiorari; whether the Court of Appeals is constrained by N.C. R. App. P. 21 in exercising its discretion to allow or deny the writ.
State v. Tripp
Whether the trial court's findings of fact in its order denying defendant's motion to suppress were supported by competent evidence; whether the seizure and subsequent search of defendant was constitutional.
Toshiba Glob. Com. Sols., Inc. v. Smart & Final Stores LLC
Personal jurisdiction; whether a nonresident defendant's contract has a substantial connection with North Carolina.
Court of Appeals Published Opinions Filed June 7, 2022
Archie v. Durham Pub. Sch. Bd. of Educ.
summary judgment; plaintiff's recovery barred by contributory negligence; no gross negligence
Dean v. Rousseau
Rule 12(b)(6) motion to dismiss; Service of the complaint and summons on an uninsured motorist carrier; NCGS 20-279.21(b)(3)(a); and statute of limitations
In re: J.C.
Visitation; length of visitation; virtual visitation; neglect; prejudicial statements from the bench; case plan requirements; motion for review of visitation plan.
In re: S.O.C.
Termination of parental rights, required findings of fact to support adjudication, circumstances at the time of hearing
Jabari v. Jabari
Rule 60(b); Consent Domestic Violence Protection Order; No Findings of Fact or Conclusions of Law
State v. Ore
probation violation, unchallenged findings & conclusions, no notice of appeal, extension of supervision, direct criminal contempt, PWC, N.C. Gen. Stat. 1347, N.C. Gen. Stat. 5A-11
State v. Williams
defense of others; jury instruction; disqualifying felony; causal nexus; prejudicial error; motion to dismiss for insufficiency of the evidence.
Thompson v. Union Cty.
ordinance, zoning, board of adjustment, vested rights
Violette v. The Town of Cornelius
standing; zoning; action for declaratory judgment; trial court did not err in dismissing complaint for lack of standing where adjacent landowner only supported his allegations of standing with owner's opinion evidence of diminution in value and allegations did not allege how his property was affected by rezoning distinct from the community
Court of Appeals Published Opinions Filed May 17, 2022
Birchard v. Blue Cross & Blue Shield of N.C., Inc.
Subject Matter Jurisdiction, State Health Plan, Denial of Coverage, External Review Organization, Appeal to Industrial Commission, Sovereign Immunity
Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC
motor vehicle lien; legal possessor; N.C.G.S. 44A
Fox v. Fox
trusts and estates; North Carolina Uniform Trust Code; trial court did not err in dismissing claims for breach of fiduciary duty, constructive fraud, and civil conspiracy against trustees as individuals because breach of fiduciary duty claim stated time-barred claim challenging the validity of trust, claim for breach of trust against defendants as trustees did not state individual capacity claim, complaint failed to allege special circumstances creating fiduciary relationship as a matter of fact between beneficiary and trustees, and claim for civil conspiracy against trustees as individuals did not state an independent basis of liability; claims for breach of trust against trustees and claims for constructive fraud and civil conspiracy against trustees in their capacity as trustees were legally sufficient and trial court erred in dismissing them
In re: N.L.M., T.R.M. IV, N.S.W., C.M.
findings supported that DSS made reasonable efforts at preventing placement; findings supported that visitation was not in the juveniles' best interest; trial court erred in failing to inform parent of right to a review of visitation plan