Case law

Hendrix v. Town of West Jefferson

Court of Appeals of North Carolina · Aug 18, 2020

allegedly defamatory statement; rather, he argues his Complaint should be read to state a claim against Defendants on the basis Chief Rose was acting within the course 2 No party raises the issue of government immunity … The Supreme Court characterized the incident: “This was clearly a conversation between the two individuals as to an event that had passed, and, as stated, could in no sense be considered as within the course and scope

State v. Stidham

Court of Appeals of North Carolina · Jul 2, 2025

The trial court is required to abide by these provisions “unless the context clearly indicates that they are inappropriate.” Id. § 15A-1022.1(e) (2023); see State v. … However, it is well-settled that a sentencing worksheet, without more, is insufficient to establish notice under N.C. Gen. Stat. § 15A-1340.16(a6). See State v. Crook, 247 N.C.

State v. McFarland

234 N.C. App. 274 · Court of Appeals of North Carolina · Jun 3, 2014

Our Supreme Court clearly and unambiguously defined the term “address” as used in N.C. Gen. Stat. … effectively immune from the registration requirements found in current law as long as they continued to ‘drift.’” Id. at 338, 679 S.E.2d at 864.

Walker v. NC COASTAL RESOURCES COM'N

476 S.E.2d 138 · Court of Appeals of North Carolina · Oct 1, 1996

court erred in concluding that: (1) CRC's position was not substantially justified; (2) there were no special circumstances which would make an award of counsel fees unjust; and (3) administrative contested case proceedings qualify … Rather than refusing a permit absent Oriental's obtaining a DOA easement, CRC granted same notwithstanding law and regulations which "clearly indicate[d]," Walker, 111 N.C.App. at 854 , 433 S.E.2d at 769 , the contrary.

Schooldev East

Court of Appeals of North Carolina · Jul 19, 2022

Nine witnesses, three of which qualified and were received as experts, testified for Petitioner at the Town’s public hearing. … Upon de novo review Petitioner clearly met its burden of production to show its compliance with § 3.7.5 of the Town’s UDO to establish a prima facie case for entitlement of the permits.

State v. Brower

186 N.C. App. 397 · Court of Appeals of North Carolina · Oct 16, 2007

Lochrie’s acknowledgments were sufficient to establish cause for his removal just as Brady’s responses supported his removal upon defendant’s motion. … This is clearly not correct.

Carcano v. JBSS, LLC

200 N.C. App. 162 · Court of Appeals of North Carolina · Oct 6, 2009

Qualified Personnel, Inc., 294 N.C. 200, 207 , 240 S.E.2d 338, 343 (1978)). … It is clear that the legal existence of the “JBSS, LLC,” qualifies as a “material fact,” and it was misrepresented to plaintiffs by-David Browder.

Balawejder v. Balawejder

216 N.C. App. 301 · Court of Appeals of North Carolina · Oct 18, 2011

Mother has received a scholarship up to trial, although it is unclear whether [Mary] will or should still qualify for scholarship given Father’s income. … John’s to cover [Mary]’s summer and 2010-11 school year, if [Mary] does not continue to qualify for scholarship and for as long as she incurs those expenses prior to entering public school. 114.

State v. Allen

162 N.C. App. 587 · Court of Appeals of North Carolina · Feb 17, 2004

First we note that our Supreme Court has clearly announced that constitutional issues not raised and passed upon at trial will not be considered for the first time on appeal. State v. … In defendant’s assignment of error sixteen, he contends that the trial court erred in failing to intervene ex mero mo tu during the State’s closing argument regarding the testimony of the State’s two immunized witnesses,

Thigpen v. Ngo

143 N.C. App. 209 · Court of Appeals of North Carolina · May 1, 2001

as an expert witness . . . and who is willing to testify that the medical care did not comply with the applicable standard of care . . . ; or (3) The pleading alleges facts establishing negligence under the existing common-law … Town of Swansboro, 334 N.C. 421, 427 , 432 S.E.2d 310, 313 (1993) (citation omitted), the Supreme Court stated: Although Rule 9(j) clearly requires a complainant of a medical malpractice action to attach to the complaint

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.

Total Renal Care of North Carolina, LLC v. North Carolina Department of Health & Human Services

206 N.C. App. 674 · Court of Appeals of North Carolina · Sep 7, 2010

information presented before the CON Section and DHHS regarding the heavy traffic in Wilmington, the lack of public transportation options across county lines, and the Wave county van system that provides transportation for qualified … However, we find this argument meritless as finding of fact 141 is clearly conditioned by the word “ [i]f.”

Cauble v. City of Asheville

66 N.C. App. 537 · Court of Appeals of North Carolina · Feb 21, 1984

Once it is established that “clear proceeds” means “net proceeds,” namely, that some deductions from gross amounts collected shall be allowed, we come to the more difficult aspect of this issue — which deductions shall be … The North Carolina General Assembly is clearly without power to appropriate or divert by statute all or any part of fines resulting from violations of city ordinances to cities and towns, this being in direct contravention

In re: S.R.J.T.

Court of Appeals of North Carolina · Apr 6, 2021

[Scottie] exhibits mood changes, anxiety, sleep disturbances, eating disturbances, attachment issues, and [Scottie] qualifies for all of those. .... Q. … Gregory failed to explain either the correlation or to establish any causation between purported acts of parental neglect or dependency of Scottie and his PTSD diagnosis, nor provided any methods or psychoanalysis

Kaplan v. Prolife Action League of Greensboro

123 N.C. App. 720 · Court of Appeals of North Carolina · Sep 17, 1996

On the other hand, the newsletters, unlike the Bell checks, do not, in and of themselves, establish pecuniary gain. … In addition, defendants argue that the League's income, to qualify as a pecuniary gain, has to be extracted directly from the Kaplans. I find this position to be untenable.

State v. Ward

199 N.C. App. 1 · Court of Appeals of North Carolina · Aug 18, 2009

The Supreme Court established a three-step inquiry for use in evaluating the admissibility of expert testimony in State v. … (2) Is the witness testifying at trial qualified as an expert in that area of testimony? (3) Is the expert’s testimony relevant? Howerton v.

Swan Beach Corolla, L. L.C. v. Cnty. of Currituck

255 N.C. App. 837 · Court of Appeals of North Carolina · Oct 3, 2017

Defendants’ motion asserted that there was “no clearly established rule under the North Carolina Rules of Appellate Procedure or North Carolina Rules of Civil Procedure setting forth the time in which responsive … We limited our review to Defendants’ arguments regarding the defenses of governmental immunity and collateral estoppel, which affected substantial rights. Id. at *2.

Ramirez-Barker v. Barker

107 N.C. App. 71 · Court of Appeals of North Carolina · Jul 21, 1992

Plaintiff Marquita Ramirez-Barker (Mother) appeals from an order of the trial court filed 8 February 1991 denying her request for modification of child visitation privileges established in a court order filed 6 February 1988 … Scarborough, a licensed practicing psychologist, performed a psychological evaluation on the child and interviewed both parents. *75 He was qualified and accepted by the court as an expert in the “field of children and family

Stillings v. City of Winston-Salem

63 N.C. App. 618 · Court of Appeals of North Carolina · Sep 6, 1983

Clearly, that rationale conflicts with the established rule in this state and we reject it. … governmental powers to the counties is set forth below: It is the policy of the General Assembly that the counties of this State should have adequate authority to exercise the powers, rights, duties, functions,' privileges and immunities

Burk v. Prudential Insurance Company of America

7 N.C. App. 209 · Court of Appeals of North Carolina · Feb 25, 1970

“because they are also trained and guided and are responsible for the monitoring the well-being of the children and reporting back and doing an awful lot of individual inter-personal type of tutorial communications and establishing … The policy clearly and unambiguously defines “hospital” as “only an institution operated pursuant to law for the care and treatment of sick and injured persons, with organized facilities for diagnosis and major surgery, and