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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33,981 Appellate Court Opinions

, Supreme Court , 259A17 (Per Curiam) , Published
In re Se. Eye Ctr.

Appeal from interlocutory order of N.C. Business Court approving a Settlement Agreement entered in one of a series of lawsuits; whether the claimant was inappropriately granted secured status as part of her settlement with the Receiver administering defendants' assets; whether the court abused its discretion in approving the settlement.

, Supreme Court , 382PA16 (Justice Paul Newby) , Published
King v. Albemarle Hosp. Auth.

Medical malpractice action on behalf of minor child for birth-related injuries; whether, after the complaint was dismissed under Rule 41 and refiled six years later, N.C.G.S. 1-17(b) extended the three-year statute of limitations for professional malpractice actions established in N.C.G.S 15(c), thus preventing the refiled complaint from being time barred.

, Supreme Court , 361PA16 (Justice Mark Martin) , Published
N.C. Dep't of Transp. v. Mission Battleground Park, DST

Condemnation proceeding under Chapter 136 to take a portion of defendants' property for highway improvement purposes; whether the trial court abused its discretion in excluding expert opinion testimony on valuation offered by defendants because the trial court did not consider admissibility of the testimony under Evidence Rule 702 rather than N.C.G.S. 93A-83; whether it was improper for the trial court to instruct the jury that the jury should not consider the taking and use of adjoining lands of others for the same undertaking in determining just compensation.

, Supreme Court , 45A17 (Per Curiam) , Published
N.C. Farm Bureau Mut. Ins. Co. v. Hull

Subrogation action to recover money paid under the UIM coverage provision of a policy issued by plaintiff after plaintiff's insureds obtained a settlement from another fully insured third-party tortfeasor; whether plaintiff's claim should have been dismissed based on the three-year statute of limitations for breach of contract actions; when the claim accrued.

, Supreme Court , 276A17 (Per Curiam) , Published
State v. Cannon

Whether the trial court erred in denying defendant's motion to dismiss a charge of aiding and abetting larceny based on insufficient evidence.

, Supreme Court , 390PA16 (Justice Cheri Beasley) , Published
State v. Chekanow

Sufficiency of evidence that defendants constructively possessed marijuana found growing on their property.

, Supreme Court , 251A17 (Per Curiam) , Published
State v. Cook

Whether defendant was entitled to a self-defense instruction based on N.C.G.S. 14-51.2, the 'castle doctrine.'

, Supreme Court , 85A17 (Per Curiam) , Published
State v. Downey

Appeal from trial court's denial of defendant's motion to suppress evidence found during a traffic stop; whether the police officer unconstitutionally prolonged the stop in violation of the Supreme Court of the United States' decision in Rodriguez v. United States.

, Supreme Court , 606A05-3 (Justice Cheri Beasley) , Published
State v. Lane

Direct appeal from trial court's order denying defendant's motion for postconviction DNA testing following this Court's opinion finding no error in defendant's conviction for first-degree murder and his sentence of death.

, Supreme Court , 4PA17 (Per Curiam) , Published
State v. Schalow

Whether defendant's conviction for attempted first-degree murder should be vacated on double jeopardy grounds.

, Supreme Court , 171A17 (Per Curiam) , Published
State v. Williams

Whether, during a trial for possession of a firearm by a convicted felon, the trial court properly admitted testimony regarding defendant's prior possession of a firearm under Rule 404(b); whether that testimony was unfairly prejudicial and therefore should have been excluded under Rule 403; whether the Court of Appeals erred by reviewing for prejudicial error as opposed to plain error.

, Supreme Court , 348A16 (Justice Robin Hudson) , Published
Tully v. City of Wilmington

Action by City employee alleging that the City acted arbitrarily in failing to follow its established personnel policies when denying him a promotion; appeal from trial court's grant of judgment on the pleadings in favor of the City; whether plaintiff sufficiently alleged claims under Article I, Sections 1 and 19 of the state constitution.

, Supreme Court , 44PA17 (Justice Sam Ervin IV) , Published
Wilkie v. City of Boiling Spring Lakes

Action for inverse condemnation pursuant to N.C.G.S. 40A-51 based upon the flooding of plaintiffs' property by water from an adjacent City-owned lake.

, Supreme Court , 419PA16 (Justice Cheri Beasley) , Published
Willowmere Cmty. Ass'n v. City of Charlotte

Whether the trial court erred in dismissing an action brought by plaintiff homeowners' associations seeking to invalidate the City's rezoning of adjacent property; whether the failure of plaintiffs' boards of directors to comply with association bylaws authorizing them to initiate litigation on behalf of the members deprived plaintiffs of legal standing to sue.

, Court of Appeals , COA17-185 (Judge Chris Dillon) , Published
Bickley v. Fordin

Shareholder sale of interest in LLC; unfair and deceptive trade practices act, fraud, constructive fraud, breach of fiduciary duty; compromise verdict.

, Court of Appeals , COA17-436 (Judge Phil Berger Jr.) , Unpublished
Brown v. Cox

Sudden emergency doctrine; Jury instructions; Motion for a new trial

, Court of Appeals , COA17-870 (Judge John Arrowood) , Unpublished
Cmty. Mgmt. Corp. v. Sarver

summary ejectment; motion to recuse; summary judgment; motion to dismiss Rule 12(b)(6)

, Court of Appeals , COA17-702 (Judge Linda McGee) , Unpublished
Dass v. Dass

Plaintiff's testimony sufficient to support finding of domestic violence