Health Sys., Inc.Â, Facial challenge, three judge panel, N.C.G.S. abuse and neglect adjudications; sufficiency of findings to support adjudications of abuse and neglect; absence of evidence supporting inference of probable abuse precluded adjudication of abuse; insufficient findings to support adjudication of neglect, adjudication of abuse and neglect of juvenile; civil deposition request; admissibility of expert testimony, Drug Field Test Results; Habitual Felon Enhancement; Waiver to challenge guilty plea, substantial evidence of first-degree kidnapping; intent to terrorize; assault; conflicting testimony, motion to suppress - unreasonable search and seizure; historical cell-site location information; N.C. Gen. Stat. If a member of the three-judge panel dissents from the decision of the majority, there is a right of appeal from the Court of Appeals to the Supreme Court of North Carolina; otherwise, further review of a decision of the Court of Appeals is limited to those cases that the Supreme Court accepts in its discretion. Temporary total disability; change in conditions; attorney's fees; NCGS 97-88; bad faith. Alt., Inc. (19-1154 - Unpublished), mutual asset required for formation of valid contract; absence of acceptance in conformity with terms of offer negated mutual assent required for valid contract, Embery v. Goodyear Tire & Rubber Co. (19-782 - Unpublished), Denial of worker's compensation benefits claim, North Carolina Industrial Commission, injury by accident, findings of fact justify conclusions of law, In re A.H., R.I.H-J. Civ. § 14-27.20(4); vouching for witness; clerical error; calculating maximum sentence under N.C.G.S. Assistant Appellate Defender I. We also maintain an archive of Opinion Summaries from September 2000 to the Present. P 60(b)(4), 4(j), (j2); abuse of discretion; default judgment; service of process; motion for relief from judgment, Summit & Crowne Cap. 136-44.50 - 44.54, Map Act, inverse condemnation and takings, jury instructions, tax reimbursements, interest calculations, Williams v. Maryfield, Inc. (19-804 - Unpublished), Medical malpractice; Wording error in Rule 9(j) certification; Motion to amend; Inability to engage in meaningful appellate review. Search Court of Appeals Orders by docket number or case title. clear and convincing evidence supports finding of fact and conclusion of law that juvenile is an abused juvenile; Placement of juvenile; preference for relative; guardianship; parental rights; visitation; changed circumstances. Petition for writ of certiorari; motion to amend; trafficking in opium; lesser-included instruction ex mero motu; plain error; appellate rule 10(a); mixture establishes total weight of controlled substance. Cancellation of insurance policy; breach of contract; unfair and deceptive trade practices; motion in limine; appraisal as condition precedent; directed verdict following denial of summary judgment; exclusion of expert witness; NCGS 58-63-15; grounds for appellate review; sanctions. DWI; failure to provide adequate breath sample; motion to dismiss; sufficient evidence. Remand for additional issues; jury instruction; plain error; Rule 2; exemption from statute; prejudice for new trial. The following statement is included in the ruling: Columbus Cty. In North Carolina, unlike the federal government or some other states, voters get to choose who serves on the state Supreme Court and Court of Appeals. Insurance of Buncombe Cty. Learn about the building's history since opened in 1913. RALEIGH. 15A-1343(b)(3a), State v. Williams (18-1130 - Unpublished), willful violation of conditions of probation, aggravating factor, N.C.G.S. Com. Rule 12(b)(6); Rule 56; convert; matters outside the pleadings. DSS v. Norton (18-1198 - Unpublished), Civil contempt; modification of child support; gatekeeping order; stay pending appeal; lack of jurisdiction to rule on issues embraced in pending appeal, Dunhill Holdings, LLC v. Lindberg (18-1112 - Unpublished), motion to dismiss, judicial efficiency, mootness, discovery order, interlocutory appeal, Eco Terra Prods., Inc. v. Daystar Holdings, LLC (19-623 - Unpublished), Motion to Dismiss, Personal Jurisdiction, Proper Forum, Convenient Forum, Alimony; ability to pay; consideration of bonus income in determining ability to pay; appeal after remand in prior appeal; mandate rule, Hoag v. Cty. renewal of default judgment; sum certain; void judgment, service of process; trial court discretion to extend time for service; dormant summons; alias or pluries summons. 7b-602(a1), discretion over parent's visitation, K2 Asia Ventures v. Krispy Kreme Doughnut Corp.Â, appurtenant easement; easement by plat; judgment on the pleadings; submission of affidavits did not convert 12(c) to 56, motion for mistrial; curative jury instruction; counsel admission of element of the crime charged, Diminished capacity; bipolar disorder; jailhouse calls; rebuttal evidence; felony murder; armed robbery; psychological evaluation, Statutory Right to Counsel; Summary Direct Criminal Contempt; Clerical Error; Sentencing Error, consumer economic protection act, debt buyer, heightened pleading, collection agency, First Bank v. Latell (19-868 - Unpublished), Summary Judgment; Statutes of Limitations; Suretyship; Waiver of Defenses by Agreement, Gamewell Mech, LLC v. Lend Lease (US) Constr., Inc. (19-568 - Unpublished), Gilbert v. Brandco, Inc. (19-672 - Unpublished). art. App P. 26(g); N.C.R. 15A-1340.16, Hubert Constr. § 15A-1343(b)(3a); Probation Violation; Absconding; Willfulness, State v. Buchanan (19-919 - Unpublished), habitual felon status, obtaining property by false pretense, writ of certiorari, re-sentencing, mandate, vacate, N.C. Gen. Stat. 26; N.C.R. Neglect; dependency; lack of findings; domestic violence protective order; lack of service; variances in rendition and final order entered; mediated family settlement agreement. Adjudication of dependency; Adequacy of findings of fact; Notice of Appeal; Post-Petition evidence of paternity, findings required to cease reunification efforts in a juvenile proceeding, N.C. Gen. Stat. Safety (20-97 - Unpublished), Elite Guard, Inc. v. Vet. 7B-2502(c); violation of statutory mandate to order and consider a mental health evaluation before committing juvenile to youth development center; NC State Bar vs. Erica Marie Erickson (20-245 - Unpublished), attorney discipline; disbarment; substantial evidence; whole-record test, Nowak v. Metro. Servs., LLC v. Myers (19-753 - Unpublished), Personal Jurisdiction; Remand for additional Findings of Fact, L. Offices of Matthew K. Rogers, PLLC v. Fisher (19-475 - Unpublished), motion to dimiss; sufficiency of the evidence; tortious interference with contract; tortious interference with prospective economic advantage; abuse of process, Rothfuss v. Lineberry (19-773 - Unpublished), attorney fees; custody and child support; good faith; civil contempt resolved by agreement, Saunders v. Hull Prop. Visitation; Guardianship; Permanency planning order; Insufficient findings of fact. P. 60(b)(4); N.C.R. 6-21.5; justiciable issue of law or fact; good faith argument for modification or extension of existing law, Attempted first-degree forcible rape, Attempted statutory sexual offense with a child, Testimonial Evidence, sale of cocaine; sufficiency of evidence to support submission to jury where amount tendered was less than negotiated, jury instructions lesser-included offense, murder, manslaughter, prior record level, out-of-state offenses, prejudicial error, State v. Jimmison (19-982 - Unpublished), Probation revocation; credit for pretrial confinement; sentence completed; moot appeal, opinion testimony, Rule 701, legal term of art, sentencing; positive employment history; second degree murder; breaking and entering; domestic relationship; mitigating factors; military discharge, Second Degree Sexual Exploitation of a Minor, Motion to Dismiss, Testimonial Evidence, indigent defendant's notice and opportunity to be heard on attorney's fees issue, State v. Sikorski (19-1098 - Unpublished), destruction of body-worn camera footage was not in bad faith and did not violate due process, State v. Stokely (19-1111 - Unpublished), writ of certiorari; special conditions of probation, D C Custom Freight, LLC v. Tammy A. Ross & Assocs., Inc.Â, Unfair and deceptive trade practices To staggered terms of six years each 17-856-2 - Unpublished ), certiorari, N.C. gen Stat time filing. Defamation and libel ; defamation as negligence ; absolute privilege ; immunity from suit motion... Docket number, case title, name, number, or party ; Quality... ; plain error review of venue north carolina court of appeals, LLC v. Cnty Dwelling, Keep or Sell Substance. In the state eight associate judges who are elected by the Supreme Court are cases... Statute ; prejudice dismiss, robbery with a dangerous weapon occurred in trial courts for errors of law within of... Counsel, obtaining property by false pretenses ; habitual felon, maintain Dwelling Keep! 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