Case law

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.

Holton v. Holton

258 N.C. App. 408 · Court of Appeals of North Carolina · Mar 20, 2018

was properly converted into one of summary judgment where the plaintiff asserting a negligence action against the town merely referenced in his complaint an insurance policy allegedly waiving the town’s governmental immunity … affirmative defense of release, even though the plaintiff “failed to specifically plead the fraud he relie[d] on in avoidance of the release” defense); see also id. at 578, 299 S.E.2d at 281– 82 (“The materials on file clearly

St. Regis of Onslow County v. Johnson

191 N.C. App. 516 · Court of Appeals of North Carolina · Aug 5, 2008

In a newspaper qualified for legal advertising published in the county; or b. If no newspaper qualified for legal advertising is published in the county, in a newspaper having general circulation in the county. … There is no established principle of law which entitles such a purchaser to notice of the exercise of this power. Id. at 636 , 70 L. Ed. at 1125 .

Riggings Homeowners, Inc. v. Coastal Resources Commission

228 N.C. App. 630 · Court of Appeals of North Carolina · Aug 6, 2013

CAMA has, inter alia, the following goal: (4) To establish policies, guidelines and standards for: a. … Thus, the Commission clearly has the authority to make determinations regarding temporary sandbag structures. See id. However, we must analyze this statutory authority in the context of CAMA’s other provisions.

State v. Shore

255 N.C. App. 420 · Court of Appeals of North Carolina · Sep 5, 2017

Second, the witness must be “qualified as an expert by knowledge, skill, experience, training, or education.” … She had also been qualified as an expert in child sexual abuse in Georgia over twenty times and once in North Carolina.

Newnam v. New Hanover Regional Medical Center

212 N.C. App. 271 · Court of Appeals of North Carolina · Jun 7, 2011

“Plaintiff has the burden of proving that her claim is compensable under the Workers’ Compensation Act and specifically here, that her *277 claim qualifies as an occupational disease.” … Duncan’s testimony was clearly based on her own observations of plaintiff’s worksites, as well as her observations of her own photographs and videotapes.

State v. Perdomo

Court of Appeals of North Carolina · Mar 2, 2021

¶ 18 Indeed, our courts have repeatedly held that a properly qualified expert may “testify concerning the symptoms and characteristics of sexually abused children and . . . state [the expert’s] opinion … Harold’s testimony, in its full context, is clearly distinct from offering an opinion that the child in question has or has not been abused, or is or is not credible—issues that are properly decided

State v. Parker

113 N.C. App. 216 · Court of Appeals of North Carolina · Jan 4, 1994

In the instant case, the State clearly informed the court that it was offering the testimony of Ms. Thomas pursuant to Rule 404(b). The State offered, during the direct examination of Ms. … Thomas’ testimony as to the motive and identity of the perpetrator is relevant and qualifies under Rule 404(b).

Shields v. Nationwide Mutual Fire Insurance

61 N.C. App. 365 · Court of Appeals of North Carolina · Apr 5, 1983

The Court noted that *370 [w]here the facts are available to all parties, the question as to the value of a damaged building at the time of a fire resolves itself largely into a matter of opinion by qualified witnesses. … [T]he evidence conclusively established a consistent pattern of inordinately excessive claims.

In re: K.M.

Court of Appeals of North Carolina · Feb 2, 2021

[K.M.]’s current acts clearly show that . . . he can benefit there with further treatment whether that’s back in YDC, if he’s going to get that, or another program. … ¶ 14 In this case, evidence was presented to the trial court establishing K.M.’s mental health issues.

In Re the Appeal of Whiteside Estates, Inc.

136 N.C. App. 360 · Court of Appeals of North Carolina · Jan 18, 2000

Although Whiteside relies heavily on Brock in support of its position that Russell had no standing to question the assessed value of Whiteside’s property, Brock is clearly distinguishable from the case before us. … The provisions for hearings and appeals set out in our Machinery Act do not violate established principles of due process.

State v. Elder

Court of Appeals of North Carolina · Jul 20, 2021

That is, the State did not offer that statement to establish that A.H. was “okay” after the rape; indeed, the State sought to establish the very opposite—that she suffered serious personal injury, both bodily … ¶ 90 Our Supreme Court refused to establish hard distinctions between the purposes listed in N.C. Gen.

Cryan v. Nat'l Council of Young Men's Christian Ass'n of the United States of Am.

Court of Appeals of North Carolina · Nov 16, 2021

Qualified Pers., Inc., 294 N.C. 200, 207, 240 S.E.2d 338, 343 (1978) (quoting Greene v. Laboratories, Inc., 254 N.C. 680, 693, 120 S.E. 2d 82, 91 (1961)). … ¶ 13 Defendant is correct in its contention that the right to venue established by statute is a substantial right. See Gardner v.

State v. Haymond

203 N.C. App. 151 · Court of Appeals of North Carolina · Apr 6, 2010

Accordingly, a statement is admissible against a party even if it is not technically a confession but qualifies as an admission. … These statements clearly qualify as “statement[s] of pertinent facts which, in light of other evidence, [are] incriminating.” Id. at 531 , 342 S.E.2d at 879-80 .

Blinson v. State

186 N.C. App. 328 · Court of Appeals of North Carolina · Oct 16, 2007

Applying this test, the Court held that, under Madison Cablevision, “section 158-7.1 clearly serves a public purpose.” Id. … This to my mind is clearly the business of government in the jet age in which we are living.

Williams v. Marchelle Isyk Allen

Court of Appeals of North Carolina · Aug 3, 2021

However, information, documents, or records otherwise available are not immune from discovery or use in a civil action merely because they were presented during … privilege, Defendants needed to prove to the trial court’s satisfaction that every member of the qualifying medical review committee is a health care provider licensed under Chapter 90.

State v. Cofield

77 N.C. App. 699 · Court of Appeals of North Carolina · Nov 19, 1985

The transcript clearly shows that the trial court sustained defendant's objections upon which Exceptions Nos. 17 and 20 were based. … The exclusion from grand jury service of Negroes, or any group otherwise qualified to serve, impairs the confidence of the public in the administration of justice.

In Re Shermer

156 N.C. App. 281 · Court of Appeals of North Carolina · Mar 4, 2003

And, although he was not working, respondent was attending classes to better qualify him for employment. There was no evidence that he was engaged in any criminal activity. … Respondent also did not attend hearings held in October 1999, March 2000, and September 2000, although the record does not clearly reflect the reasons.

State v. Smith

230 N.C. App. 387 · Court of Appeals of North Carolina · Nov 5, 2013

Due to the procedure, her mouth was stuffed with cotton gauze, hindering her ability to speak clearly and causing her to mumble. … Defendant cannot show prejudice, and therefore cannot establish IAC. Accordingly, this argument is overruled. II.

Practice v. N.C. Dep't of Health & Human Servs., & Computer Scis. Corp.

250 N.C. App. 1 · Court of Appeals of North Carolina · Oct 18, 2016

Thus, the pertinent NCAC regulation clearly anticipates that a provider may choose not to pursue a reconsideration review. 2. … They do not contain any language indicating that the claims decisions contained in the statements are "final" adjudications or qualify as "final notifications," within the regulatory language set forth above.