The N.C. Court of Appeals released a batch of opinions today: Baldelli v. Baldelli (16-142) Equitable distribution; jurisdiction; prior action In re: Lyle Dippell (16-54) Right to appeal from Clerk of Court’s order that a person is not incompetent In re: K.P. & C.P. (16-295) Requirements for adjudication of juveniles as neglected and dependant State …
North Carolina Court of Appeals Opinions for October 4, 2016 Read More »
The N.C. Court of Appeals released a batch of opinions today: Bentley v. Jonathan Piner Constr. (16-62) Workers’ Compensation Act; N.C. Gen. Stat. Sec. 97-84; statutory interpretation Breedlove v. Warren (15-1381) Motion to Dismiss; Lack of Standing; Injury not traceable to defendant Henkel v. Triangle Homes, Inc. (15-1123) federal tax liens, lien priority, and local …
North Carolina Court of Appeals Opinions for September 20, 2016 Read More »
Animaw Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church. Holy Trinity amended its constitution and bylaws. Soon after that, several church members sued for a declaratory judgment that several violations of the bylaws had occurred, including improperly conducting an election extending the terms of some council members, the adoption of the amendment, the transfer of …
Court lacks jurisdiction to consider church constitution – N.C. Court of Appeals Read More »
The North Carolina Court of Appeals released a batch of opinions today: Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church (15-760) 1st Amendment – ecclesiastical matters; subject matter jurisdiction. MORE TO COME. Draughon v. Cobblestone HOA Of Clayton, Inc. (15-1280) Implied in fact contract; benefits; estoppel; unjust enrichment Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Assocs., LLC …
N.C. Court of Appeals Opinions for September 6, 2016 Read More »
The North Carolina Court of Appeals released a batch of opinions today: Burger v. Burger (16-113). Alimony; equitable distribution Cape Hatteras Electric Membership Corp. v. Stevenson (15-1102). Electric Cooperative; Interpretation of Bylaws; Intentional Interference with Contract Zetino-Cruz v. Benitez-Zetino (15-1154). change of venue Dabbondanza v. Hansley (16-117). Lien and Judgment Priority, Rule 70, Nunc Pro Tunc Orders, Chain of …
N.C. Court of Appeals Opinions for August 16, 2016 Read More »
Hubbard v. N.C. State Univ. Hubbard worked for NCSU beginning in 2004. Near the end of 2013, she began reporting her supervisor for alleged misconduct. In April 2014, she was given a letter terminating her employment effective July 24, 2014. She sued claiming (1) violation of the North Carolina Whistleblower Act, (2) wrongful termination in …
Brooksby v. N.C. Administrative Office of the Courts. Plaintiffs contacted clerks’ offices in ninety North Carolina counties seeking to copy and scan public foreclosure records using their own staff and equipment. They pulled foreclosure records, then scanned them using cell phones and portable cameras and scanners. In June 2013, the Randolph County Clerk’s Office denied …
The North Carolina Court of Appeals released a batch of opinions today: Acts Ret.-Life Cmtys., Inc. v. Town of Columbus (15-1333). Continuing wrong doctrine Adams v. State of NC (15-1275). Pay schedule for North Carolina magistrates, N.C. Gen. Stat. § 7A-171.1; contractual relationship between State employees and the State; employee benefits and vested benefits; constitutional claims Brooksby …
N.C. Court of Appeals Opinions for August 2, 2016 Read More »
The North Carolina Court of Appeals released a batch of opinions today: Dellinger v. Lincoln Cty. (15-1370). Private property; zoning ordinance; prima facie showing of entitlement to permit; shifting-burden; due process. [Solar Energy] Diorio Forest Prods., Inc. v. Barth (15-1210) Standing; statute of limitations; fraud; UDTP; civil conspiracy In re: Alex Shackelford (15-1266) Involuntary Commitment; Deprivation …
N.C. Court of Appeals Opinions for July 19, 2016 Read More »
The North Carolina Court of Appeals released a batch of opinions today: Allen Indus., Inc. v. Kluttz (15-521) preliminary injunction bond. [Non-compete.] Caron Assocs., Inc. v. Southside Mfg. Corp. (15-1376) Assignment; Factoring; Accounts Receivable; Condition Precedent. Eisenberg v Hammond (15-287) Arbitration [In family law context] Grasinger v. Williams (15-518) Appellate jurisdiction; Mandatory Complex Business Case; …
N.C. Court of Appeals Decisions for July 5, 2016 Read More »