Appellate Court Opinions
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15,820 Appellate Court Opinions
Bio-Med. v. N.C. Dep't of Health & Hum. Serv.
Certificate of Need; contested case hearing; substantial prejudice.
Brady v. Brady
alimony award; amount and duration of alimony; findings supported duration of alimony awarded; findings did not support conclusion of Defendant's ability to pay the amount of alimony awarded; N.C. Gen. Stat. 50-16.3A; equitable distribution; distributive award
Bryan v. Kittinger
Chicken, hens, poultry, household pet, restrictive covenant, amended, Planned Community Act, encumbrance, spouse, written agreement, affirmative vote, duly-called meeting, Rule 59 motion, Rule 60 motion.
Cauley v. Bean
Negligent infliction of emotional distress; NIED; Rule 12(b)(6) motion to dismiss; notice pleading; reasonable foreseeability; severe emotional distress.
Daedalus, LLC v. City of Charlotte
Local Government; Statutory Authority; Ultra Vires; Interlocutory Appeal; Rule 54(b); Substantial Right; Writ of Certiorari
Foxx v. Foxx
Subsequent appeal, modification of equitable distribution, and findings of fact
Hall v. Wilmington Health, PLLC
COVID-19, interlocutory, substantial right, due process, right to retained counsel, moot, preservation
In re: Pop Capitol Towers, LP
property tax commission; appeals to property tax commission were untimely and commission lacked jurisdiction because notices of appeal were not postmarked or received within 30 days after taxpayers' receipt of notices of decision
Moss v. N.C. Dep't of State Treasurer
Transitional Disability Benefits; Cost of Living Adjustments; Social Security Offset Amount; Rule 12(b)(6); Motion to Dismiss; Administrative Law Judge; De Novo; Rule 12(b)(1); Chapter 135; N.C. Gen. Stat. § 135-112; N.C. Gen. Stat. § 135-9; N.C. Gen. Stat. § 143-64.80; Contract; Judicial Review; N.C. Gen. Stat. § 150B-51; Administrative Agency; Whole Record Standard of Review; Bank Account Statements; Collateral Estoppel
Osborne v. Redwood Mountain, LLC
Prior appeal; declaratory judgment; prescriptive easement; motions to dismiss, Rules 12(b)(6), 12(g), 12(h)(2); summary judgment, Rule 56, prescriptive easement.
Preston v. Preston
alimony; interlocutory; substantial right; Rule 11 sanctions; absolute divorce
Rosenthal Furs, Inc. v. Fine
Rule 3.7 of the NC Rules of Professional Conduct; Necessary Witness; Witness-Advocate Rule; Lawyer's right to appear pro se
Russell v. N.C. Dep't of Pub. Safety
Office of Administrative hearings had subject matter jurisdiction over contested case where administrative law judge chose to credit testimony regarding whether grievance was timely filed
Schroeder v. City of Wilmington
Zoning; Land Development Regulation; Statutory Interpretation; Preemption
State v. Acker
plain error; jury instructions; second-degree murder; self-defense; manslaughter
State v. Bennett
Batson, jury selection, peremptory strike, step two, step three, race-neutral explanation, burden of proving purposeful discrimination
State v. Bowen
True threat; Extortion; First Amendment; N.C. Gen. Stat. 14-118.4; Unconstitutional; Free Speech Clause
State v. Jordan
Motion to suppress evidence gathered following warrantless entry into residence, reasonable expectation of privacy in residence searched, exceptions to the warrant requirement.
State v. Jordan
Motion to Suppress; Reasonable Suspicion; Traffic Stop; Voluntary Consent
State v. Sheffield
Rule 401; Rule 404(b); evidence of sexual materials; plain error; satellite based monitoring; error of law; in camera review of sealed documents.