The North Carolina Court of Appeals released a batch of opinions today:
| NC Dep’t Of Pub. Safety v Owens (15-367). Waiver of Personal Jurisdiction Defense; State employment; Termination; Loss of Credentials; Arbitrary and Capricious. |
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| Am. Mech., Inc. v Bostic (15-385). Appellate Jurisdiction; Rule 3: Business Court. “we take this opportunity to further explain our holding in Ehrenhaus that a party seeking to appeal an order or judgment rendered in any district or superior court, including the Business Court, must file its notice of appeal with the clerk of court of the county in which the action was filed in order to establish appellate jurisdiction” |
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| Falin v. The Roberts Co. Field Servs., Inc. (15-565). Workers compensation, suitable employment, N.C.G.S § 97-2(22) |
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| Henderson v The Cnty. Of Onslow (14-1356). Applicability of Rule 41 to petitions for writ of certiorari |
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| Henderson v The Cnty. of Onslow (14-1355). Applicability of Rule 41 to petitions for writ of certiorari |
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| Holt v NC DOT (15-445). Tort claims; DOT; Proximate cause; Intervening Act; Traffic Signal |
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| In re: C.B. & S.B. (15-724). Neglect and dependency adjudications; Sufficiency of evidence and findings; ineffective assistance of counsel |
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| Maldjian v. Bloomquist (15-697). Motion to Compel |
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| Peterson v. Dillman (15-901). NCGS 20-279.21(b)(4); underinsured motorist coverage; appellate jurisdiction; interlocutory appeals; substantial right. |
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| Phillips & Jordan, Inc. v. Bostic (15-525). Appellate Jurisdiction; Rule 3; Business Court |
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| Pickett v Advance Auto Parts, (15-285). worker’s compensation; expert testimony – medical causation; disability |
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| Spears v Spears (14-1133). civil contempt, child support, alimony, equitable distribution, purge conditions, entry of order |
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| State v. Collins (15-540). Suppression motion – Strip search |
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| State v. Cox (15-574). Post conviction; DNA testing |
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| State v. Eury (15-709). Prior record level |
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| State v Miller (15-162). Double jeopardy |
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| Steele v City of Durham (15-246). Negligence; Legal duty owed by City to maintain municipal sidewalk beside State-owned highway; Genuine issues of material fact and contributory negligence precluded summary judgment. |
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| Yates Constr. Co., Inc. v Bostic (15-422). Appellate Jurisdiction; Rule 3; Business Court |
In addition, there were 22 unpublished decisions, available here.
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