N.C. Court of Appeals Opinions for January 5, 2016

7,826 Comments / By Brandon J. Huffman / January 5, 2016 January 5, 2016 / North Carolina Court of Appeals

The North Carolina Court of Appeals has released a batch of opinions:

Alston v Hueske (15-207) Rule 9(j); Medical Malpractice.
Cushman v Cushman (15-233) Equitable distribution-Pretrial summary judgment motion
E. Brooks Wilkins Fam. Med., P.A. v WakeMed, (15-217) Rule 3(c) of the North Carolina Rules of Appellate Procedure; Actual notice; Appeal from order dismissing an appeal; N.C. Gen. Stat. § 75-16.1.
Greene v Tr. Servs. Of Carolina, LLC, (15-90) Sufficiency of evidence of holder; quiet title suit challenging foreclosure
Hedgepeth v. Parker’s Landing Prop. Owners Ass’n, Inc. (15-683) Judicial estoppel; Clearly inconsistent; boundary dispute.
Holder v Kunath (15-250) Requirement of hearing on complaint seeking domestic violence protective order
In re: FLS Owner II, LLC (14-1399) Property Taxation; Administrative Law; Statutory Interpretation; Solar Energy Equipment
In re: Kenley (15-97) Sufficiency of evidence of holder; quiet title suit challenging foreclosure Link is wrong on the Court website. Will update if they fix.
Johnson v Starboard Ass’n, Inc. (15-451) Condominium assessment
Montessori Children’s House of Durham v Blizzard (15-406) Breach of Contract; Incorporation by Reference; Tuition Agreements. Don’t get too excited. It’s not Activision Blizzard.
Morgan-McCoart v Matchette (15-416) subject matter jurisdiction, clerk of superior court, motion to dismiss
NC Dep’t Of Pub. Safety v Owens (15-367) Waiver of Personal Jurisdiction Defense; State employment; Termination; Loss of Credentials; Arbitrary and Capricious.
Rossi v. Spoloric (15-728) denial of a motion to continue; admissibility of late filed affidavit; personal jurisdiction; presumption of validity of foreign judgments; full faith and credit.
Sain v. Adams Auto Grp., Inc. (15-813) UDTPA; fraud; used vehicle condition report; as is -no warranty sales agreement; invited error; motion to dismiss; document outside of the pleadings;
Spoor v Barth, (15-172) standing, derivative action, fraud, breach of contract, UDTP, summary judgment, statute of limitations
State v Allman (15-40) Sufficiency of search warrant affidavit to establish probable cause to search
State v Chapman (15-439) Robbery with Dangerous Weapon; Trial Court’s Discretion under N.C. Gen. Stat. 15A-1233(a); Nonhearsay; Test Fire
State v. Jones (15-804) Motion to dismiss; larceny; actual and/or constructive trespass; funds deposited into an account.
State v. Martin (15-468) MAR; evidentiary hearing; disputed factual issues.
State v Ricks (15-300) Obtaining Property by False Pretense; Indictment
State v. Springle (15-597) Substantial similarity, out of state convictions, satellite-based monitoring, defective notice of appeal. More to come.
Wilson Funeral Dirs., Inc. v NC Bd. of Funeral Serv. (15-321) Administrative procedure. Remember to make your objections at the hearing!

There were also 40 unpublished opinions available here.

Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on transactions and video games, digital media, entertainment and internet related issues. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.