North Carolina Court of Appeals Opinions for January 17, 2017

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  (16-346) Equitable distribution, admissibility of ad valorem tax values to value real property in an equitable distribution.
Mitchell v. Pruden  (16-428) public official immunity; 12(b)(6) motion to dismiss; interlocutory
RME Mgmt., LLC v. Chapel H.O.M. Assocs., LLC  (16-596) Summary Ejectment Action, Summary Judgment, Real Property, Leases/Contracts, Property Taxes, Meaning of When Due as that phrase relates to lessee’s obligation to pay property taxes on a leased premises
S. Shores Realty Servs., Inc. v. Miller  (16-557) LLC – Piercing Corporate Veil
Smith v. Polsky  (16-605) Voluntary Dismissal of Claims, Denial of Motion In Limine Based upon the defense of Res Judicata, Interlocutory Appeal
State v. Burton  (16-343) Ineffective Assistance of Counsel; Ready Mobility of a Car; Incriminating Statements; Reading Warrant to Two Defendants
State v. Evans  (16-629) Right to Speedy Trial
State v. Greene  (15-1060) larceny from the person, motion to dismiss, conspiracy to possess stolen property, hearsay testimony, ineffective assistance of counsel, jury instructions, arrest judgment
State v. Johnson  (16-491) Miranda, Confession, Voluntary, Hope or Fear
State v. Mobley  (16-545) Defendant’s Competency to be Tried, Necessity for Evaluation
State v. Silva  (16-278) NCGS § 15A-928C(c) – arraignment
Tater Patch Est. Home Owner’s Ass’n v. Sutton  (16-787) HOA, assessments, re-combined lots, lack of access
Thompson v. Int’l Paper Co.  (15-1383) workers comp, attendant care services, prescribed by authorized health care provider
Williams v. Advance Auto Parts, Inc.  (16-625) Amending Complaint; Adding New Defendant; Statute of Limitations.

There were also 20 unpublished opinions.

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.

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