The North Carolina Supreme Court released a single opinion on the 27th: King v. Bryant, (294PA14) (View COA Opinion). Arbitration agreement unenforceable for breach of fiduciary duty. There were also 85 unpublished opinions.
A few weeks late here. On January 17, the N.C. Court of Appeals released a batch of opinions: Banks v. Hunter (16-666) Subject matter jurisdiction; mortgage; promissory note default; deed of trust; foreclosure. Brookline Residential, LLC v. City of Charlotte (16-202) Obligation of City to Call Infrastructure Bond; Declaratory and Injunctive Relief Edwards v. Edwards …
North Carolina Court of Appeals Opinions for January 17, 2017 Read More »
I got the standard email: This message notifies you that the N.C. Court of Appeals has filed new opinions on 3 January 2017. Please click here to view the new opinions on the N.C. Court System website (http://appellate.nccourts.org/opinions/). Thanks, N.C. Court System – Appellate Division http://appellate.nccourts.org/opinions/ But the website doesn’t have a 2017 link yet! …
So this happened (N.C. Court of Appeals website issue) Read More »
The N.C. Court Appeals released a batch of opinions today (it’s last for 2016): State v. Zubiena (16-316) Appeal as of Right Under N.C. Gen. Stat. 15A-1444; Withdrawal of Plea; Inconsistent Sentence Under N.C. Gen. Stat.15A-1024; Manifest Injustice; Abuse of Discretion in Imposing Fine; Excessive Fines Clause Adelman v. Gantt (16-339) Easement by necessity; easement …
North Carolina Court of Appeals Opinions for December 30, 2016 Read More »
The N.C. Supreme Court released a batch of opinions today: State v. Perry, (81A14) (View COA Opinion [File not Found]) Review of order denying defendant’s motion for appropriate relief seeking resentencing; defendant was mandatorily sentenced as a juvenile to life imprisonment without parole; retroactive application of the holding in Miller v. Alabama declaring sentences such as …
North Carolina Supreme Court Opinions for December 21, 2016 Read More »
The N.C. Court of Appeals released a batch of opinions yesterday: Beal v. Coastal Carriers, Inc. (16-420) Industrial Commission; South Carolina Workers’ Compensation Act; Location of Employment; Principally Employed Bradley Woodcraft, Inc. v. Dryfus (16-692) Economic Loss Doctrine; Directed verdict; Expert opinion testimony Corbett v. Lynch (16-221) Guardianship and custody; appointment of general guardian under …
North Carolina Court of Appeals Opinions for December 20, 2016 Read More »
Smith v. Baltimore City Police Dept. I’m way behind the calendar on this one. The TL;DR version: this woman was beat up by Baltimore police for filming the arrest of a juvenile. She sued the police. At trial, the trial court allowed evidence of her prior arrests to be admitted. The Fourth Circuit said this was error. It …
The N.C. Court of Appeals released a batch of opinions today: State v Ledbetter (15-414-2) Appellate review of guilty plea; Jurisdiction; writ of certiorari; Appellate Rules 1,2, and 21; NCGS 15A-1444(e); suspension of appellate rules. She’s no Lilly. Alexander v. Alexander (16-556) Unfair and Deceptive Trade Practices Act; In or Affecting Commerce; Misappropriation of Corporate Funds …
North Carolina Court of Appeals Opinions for December 6, 2016 Read More »
The N.C. Court of Appeals released a batch of opinions today: Allied Spectrum, LLC v. German Auto Ctr., Inc. (16-283) Voluntary dismissal; Summary judgment; Genuine issue of material fact Bolier & Co., LLC v. DECCA Furniture (USA), Inc. (15-1219) Interlocutory Appeal; Substantial Right; Appellate Jurisdiction Flynn v. Schamens (16-410) Arbitration award Hinton v. Hinton (16-85) …
North Carolina Court of Appeals Opinions for November 15, 2016 Read More »
The Fourth Circuit will rehear Lund v. Rowan County en banc (the entire slate of judges, not just a three judge panel, will decide the case). This is a case focused on the prayers of a County Commission at its meetings. You can read more about the case here.