North Carolina Court of Appeals Opinions for February 7, 2017

The N.C. Court Appeals released a batch of opinions today:

Tropic Leisure Corp. v. Hailey  (15-1254-2) Full Faith and Credit; Uniform Enforcement of Foreign Judgment Act; Due Process; Opportunity to be Heard; Right to Appear with Counsel
Burns v. Kingdom Impact Global Ministries, Inc.  (15-1313)  Quiet title action; Standing as trustees for a non-incorporated religious entity; Discovery sanctions
Fagundes v. Ammons Dev. Grp., Inc.  (16-776) Exclusivity of Workers’ Compensation Act; Court-Created Exceptions; Employment in an Ultrahazardous Activity
Holmes v. Associated Pipe Line Contractors, Inc.  (16-593) N.C. Industrial Commission; Jurisdiction; Last Act Test; Drug Test
In re: D.E.P.  (16-838) Juvenile delinquency disposition order – trial court not required to make findings that refer to all the factors listen in N.C.G.S. 7B-2501(c)
In re: Collins  (16-655) Foreclosure by Power of Sale, N.C. Gen, Stat. 45-21.16, Affidavit Based on Personal Knowledge of Lender’s Possession of Note, Lender was Successor by Merger to Holder of Note Secured by Deed of Trust at Issue, Lender was Holder of Note
Jackson/Hill Aviation, Inc. v. Town of Ocean Isle Beach  (16-396) Rule 12(b)(6) Motion to Dismiss; Review Limited to Four Corners of Complaint; No Judicial Notice of Municipal Ordinances
Perry v. Bank of Am., N.A.  (16-234) Declaratory Judgment Act; Actual Controversy; Discretion to Decline Request for Declaratory Judgment; Claim under N.C. Gen. Stat. § 45?36.9
Reed v. Carolina Holdings  (15-1034) Workers? Compensation; Attendant Care Compensation; Attorney?s fee awards; and Preservation of issues on appeal
State v. Brody  (16-336) Search Warrant; Motion to Suppress; Sufficiency of Affidavit to Establish Probable Cause; Confidential Informant
State v. Cholon  (16-4) Ineffective Assistance of Counsel; State v. Harbison; Motion for Appropriate Relief [“Defense counsel’s closing arguments, which admitted some elements of the charged offenses, while maintaining Defendant’s innocence, did not constitute per se ineffective assistance of counsel.”]
State v. Downey  (16-302) Reasonable Suspicion to Extend Traffic Stop [Not Robert Downey Jr. – Don’t get excited]
State v. Frazier  (16-449) Negligent child abuse, indictment amendment, substantial alteration
State v. Glisson  (16-426) Sufficiency of the evidence; Global motion to dismiss for insufficiency of the evidence; and multiple conspiracy charges.
State v. McLean  (16-484) vouching; hearsay; expert witness fees; robbery with a dangerous weapon; discharging a firearm witin an enclosure
State v. Parisi  (16-635) DWI-implied consent offense; pre-trial motion to suppress; state’s appeal; jurisdiction.
State v. Rogers  (16-48) Motion to dismiss; Plain error; Improper opinion; Testimony; Hearsay; Prior bad acts
State v. Wilson-Angeles  (16-677) Rule 404(b) evidence to show intent; ineffective assistance of counsel; voluntary intoxication, N.C. Gen. Stat. Section 15-A-1340.16(a6)’s notice requirement
T & A Amusements, LLC v. McCrory  (16-161) Motion to Dismiss; Sovereign Immunity; Waiver; Justiciable Controversy; Declaratory and Injunctive Relief [May cover this more. It is not, as you might expect from the caption, a lawsuit by a strip club against the former governor; UPDATE: more here.]

There were also 33 unpublished opinions available here (including BIZZARRO v. CTY OF ASHE, which is less weird than it should be).