Case law

Guyton v. FM LENDING SERVICES, INC.

199 N.C. App. 30 · Court of Appeals of North Carolina · Aug 18, 2009

Assuming that Plaintiffs are able to establish the factual validity of these allegations, we believe that they have alleged conduct on the part of Defendant sufficient to establish a violation of a legal duty established … Assuming that Defendant did, in fact, engage in the conduct described in Plaintiffs’ complaint, Defendant would have clearly violated N.C. Gen. Stat. § 53-243.11 .

In re Hatley

30 N.C. App. 413 · Court of Appeals of North Carolina · Aug 18, 1976

[T]he mere establishment of a mental problem is not an adequate basis upon which to confine a person who has never harmed or attempted to harm either himself or another. … of qualified psychiatrists, is a determination which properly can be made by the State.”

SUGAR CREEK CHARTER SCHOOL, INC. v. State

214 N.C. App. 1 · Court of Appeals of North Carolina · Aug 2, 2011

IX, § 2(1) does not implicitly prohibit the establishment of public schools in addition to the traditional public schools that have been established in order to comply with this basic constitutional mandate. b. … est exclusio alterius (inclusion of one is exclusion of another’) in interpreting the North Carolina Constitution” in In re Spivey, 345 N.C. 404, 412 , 480 S.E.2d 693, 697 (1997), and that “In re Spivey implemented and qualified

Mobley v. Hill

80 N.C. App. 79 · Court of Appeals of North Carolina · Apr 1, 1986

The evidence clearly created a jury question. The amendment also added an allegation that Walters failed to keep his vehicle to the right of the center line. … Ev. 704 does allow admission of lay opinion evidence on ultimate issues, but to qualify for admission the opinion must be helpful to the jury. R. Ev. 701.

Blitz v. Agean, Inc.

197 N.C. App. 296 · Court of Appeals of North Carolina · Jun 2, 2009

legal error or a clearly erroneous factual finding — cannot be located within the range of permissible decisions.” … Under Crow , plaintiff must first establish that a class exists.

Standley v. Town of Woodfin

186 N.C. App. 134 · Court of Appeals of North Carolina · Oct 2, 2007

Not just any material qualifies for consideration on a motion for summary judgment. A party cannot simply submit documents supporting his or its position without considering the Rules of Evidence. … Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.

State v. Graham

Court of Appeals of North Carolina · Jan 17, 2023

It is well established in North Carolina that courts will not find prejudicial error in jury instructions where, taken as a whole, they “present[ ] the law fairly and clearly to the jury . . . .” … Coffey, our Court considered whether the trial court established a sufficient foundation under Rule 702(a)(3) to qualify a North Carolina State Crime Lab employee as an expert in DNA analysis. 275 N.C.

Evans v. Hendrick Automotive Group

210 N.C. App. 247 · Court of Appeals of North Carolina · Mar 1, 2011

Background The uncontested findings in the Full Commission’s opinion and award establish that plaintiff was employed as an office manager by Honda Cars of McKinney in McKinney, Texas, which is an automotive dealership owned … There being nothing in the record to indicate that the parties have resolved this issue independently after the Commission entered its opinion, this appeal is clearly interlocutory. Id. at 84 , 584 S.E.2d at 99 .

Crawford v. Mintz

187 N.C. App. 378 · Court of Appeals of North Carolina · Dec 4, 2007

Indeed, Plaintiffs’ copy of the MLS report clearly states that it was prepared by Ms. Garrabrant, rather than by Defendants. … The omission of the disclaimer was clearly a material change in the transmitted information.

Allied Spectrum, LLC v. German Auto Ctr., Inc.

793 S.E.2d 271 · Court of Appeals of North Carolina · Nov 15, 2016

Cooper Companies, Inc. , 103 N.C.App. 774 , 776, 407 S.E.2d 254 , 256 (1991) ("Although summary judgment may be proper when absence of genuine issue is clearly *277 established, summary judgment is generally improper in an … Plaintiff's complaint clearly meets this requirement. Ms.

State v. Spinks

256 N.C. App. 596 · Court of Appeals of North Carolina · Nov 21, 2017

Thomas was qualified as an expert witness in pediatrics, especially the evaluation and treatment of physically and sexually abused children. … The Supreme Court found this testimony to be improper and qualified as plain error. Id. at 64 , 732 S.E.2d at 568 . Dr.

State v. Perkins

Court of Appeals of North Carolina · Dec 6, 2022

not qualify as punishment then it cannot be a sentence. … Because I would hold that the 2020 SBM orders did qualify as part of  STATE V.

State v. Perkins

Court of Appeals of North Carolina · Dec 6, 2022

not qualify as punishment then it cannot be a sentence. … Because I would hold that the 2020 SBM orders did qualify as part of  STATE V.

Lancaster v. Lancaster

138 N.C. App. 459 · Court of Appeals of North Carolina · Jun 20, 2000

Lancaster based on the fact that the parties here were more clearly adversaries. Mr. Lancaster’s attorney did more than merely formalize the terms of an amicable separation, but rather advised and assisted Mr. … Lancaster’s retirement plans would be divided equally by a qualified domestic relations order; however, the parties disagree as to which separation date should be used and therefore, the amount of benefits to be divided;

State v. Sheppard

42 N.C. App. 125 · Court of Appeals of North Carolina · Jul 3, 1979

United States, 362 U.S. 257, 261 , 80 S.Ct. 725, 731 , 4 L.Ed. 2d 697, 702 (1960) stated: In order to qualify as a “person aggrieved by an unlawful search and seizure” one must have been a victim of a search or seizure, one … Ordinarily, then, it is entirely proper to require of one who seeks to challenge the legality of a search as the basis for suppressing relevant evidence that he allege, and if the allegation be disputed that he establish,

In Re Lee

317 S.E.2d 75 · Court of Appeals of North Carolina · Jul 3, 1984

The court accepted Gelder as an expert in the area of sand and gravel mining operations and in the area of the economic feasibility of establishing a mining operation. … First of all, the record shows the questions propounded by the court to have been straight-forward and clearly asked for the purposes of clarification.

In re the Appeal from the Environmental Management Commission

80 N.C. App. 1 · Court of Appeals of North Carolina · Apr 1, 1986

The opinions were elicited from qualified experts in accordance with the rules of evidence and appellants were allowed sufficient opportunity for cross-examination. … Clearly, these findings address G.S. 162A-7(c)(2).

FMSH LLC v. NC Dep't of Health & Hum. Servs.

Court of Appeals of North Carolina · Sep 7, 2021

(“RMS”), for the establishment of an ambulatory surgery facility at 5200 North Croatan Highway in Kitty Hawk. … The Final Decision states, inter alia: Clearly, the language [of N.C. Gen.

State v. Bryant

5 N.C. App. 21 · Court of Appeals of North Carolina · Jun 18, 1969

Insurance Co., supra, the court said: “In North Carolina the statutory privilege is not absolute, but is qualified. A physician or surgeon may not refuse to testify; the privilege is that of the patient. … Coffey because he was compelled by statute to do so, we would direct a new trial; but the record, we think, clearly negatives *28 any idea that the ruling was based on want of authority.

State v. Farook

Court of Appeals of North Carolina · Oct 20, 2020

Nobles, supra, the work product privilege, like any other qualified privilege, can be waived. … Summary In conducting the analysis directed by Barker, we find that every factor weighs either in favor of defendant, against the State, or not clearly in favor of either party.