Case law

Sulier v. Veneskey

Court of Appeals of North Carolina · Oct 4, 2022

¶ 18 This section thus establishes jurisdiction over initial child custody determinations in various scenarios. … “Unfitness, neglect, and abandonment clearly constitute conduct inconsistent with the protected status parents may enjoy.” Id., 346 N.C. at 79, 484 S.E.2d at 534.

State v. Campbell

Court of Appeals of North Carolina · Sep 20, 2022

The State argues, however, that Defendant’s “same-day conviction” for the sale of cocaine qualifies Defendant as having “previously been convicted” of a felony offense under state law and, therefore, renders … This statute reflects that the General Assembly knows how to clearly indicate that same-day convictions should be included within sentencing, but chose not to here.

Lord v. Customized Consulting Specialty, Inc.

182 N.C. App. 635 · Court of Appeals of North Carolina · Apr 17, 2007

The Legislature has taken no such action in the construction of homes, and we find compelling in that context our Supreme Court’s adoption of the following language: *643 The ordinary purchaser of a home is not qualified … After a careful review of the record and transcripts before ús, we note that the trial court heard extensive argument as to both issues and placed some limits on the evidence that could be presented; the decisions were clearly

Alexander v. Wal-Mart Stores, Inc.

166 N.C. App. 563 · Court of Appeals of North Carolina · Oct 19, 2004

She expressly qualified the statements she did make concerning the causation of plaintiff's back injury as her suspicions. Under the North Carolina Supreme Court's holding in Young v. … I do not believe it is the role of this Court to comb through the testimony and view it in the light most favorable to the defendant, when the Supreme Court has clearly instructed us to do the opposite.

Scottish Re Life Corp. v. Transamerica Occidental Life Insurance

184 N.C. App. 292 · Court of Appeals of North Carolina · Jul 3, 2007

The order required appellant to either repudiate its claim of rescission or return the assets it had received as part of the novation agreement to a qualifying trust for appellee's benefit. … Thus, necessarily, "[t]he Federal Arbitration Act clearly vests concurrent subject matter jurisdiction in both the state and *109 federal courts." Nat'l Home Ins. Co. v. Shangri-La Dev.

State v. Ross

Court of Appeals of North Carolina · Jun 17, 2014

App. 680, 685-86, 550 S.E.2d 174, 177 (2001) (“The Structured Sentencing Act clearly provides for judicial discretion in allowing the trial court to choose a minimum sentence within a specified range.”). … However, “[i]t is well established that the decision to impose consecutive or concurrent sentences is within the discretion of the trial judge and will not be overturned absent a showing

Kiddie Korner Day Schools, Inc. v. Charlotte-Mecklenburg Board of Education

55 N.C. App. 134 · Court of Appeals of North Carolina · Dec 15, 1981

Board of Commissioners, 174 N.C. 469, 473 , 93 S.E. 1001, 1002 (1917), the Court stated: The term “uniform” here clearly does not relate to “schools,” requiring that each and every school in the same or other district throughout … the State shall be of the same fixed grade, regardless of the age or attainments of the pupils, but the term has reference to and qualifies the word “system” and is sufficiently complied with where, by statute or authorized

State v. Wilds

133 N.C. App. 195 · Court of Appeals of North Carolina · May 18, 1999

However, it is clearly within the broad discretion of the trial court to hold a pre-trial hearing, and the trial court did not abuse its discretion here. … Because premeditation and deliberation ordinarily are *200 not susceptible of proof by direct evidence, the State generally must establish them by circumstantial evidence. Weathers, 339 N.C. at 451 , 451 S.E.2d at 271 .

In Re Will of Jones

188 N.C. App. 1 · Court of Appeals of North Carolina · Jan 15, 2007

The case law of this state has not previously addressed whether an executor would qualify as an aggrieved party on appeal. … Such claims do not meet the requirement of specific evidence establishing that Mr.

Rutherford Plantation, LLC v. Challenge Golf Group of the Carolinas, LLC

225 N.C. App. 79 · Court of Appeals of North Carolina · Jan 15, 2013

Defendant clearly failed to do this, and its argument asks us to consider Rule 59(a)(8)’s requirement of “objection” to the ruling during the “trial” as unnecessary. … I do not think the fact that the purchaser cannot waive this defense at the front end of the deal eliminates the provisions of the Rules of Civil Procedure and all of the case law establishing what a *90 court may or may

State v. Dickenson

Court of Appeals of North Carolina · Apr 15, 2014

In Scott, the United States Supreme Court considered the denial of a motion for summary judgment that was brought based on an assertion of qualified immunity. … While reviewing whether the lower courts had properly determined that the movant was not entitled to qualified immunity, the Court stated that “[w]hen opposing parties tell two different stories, one of which is blatantly

In Re Kmf

666 S.E.2d 891 · Court of Appeals of North Carolina · Oct 7, 2008

Clinical social worker Dana Horne was qualified as an expert in the area of treating children with trauma. … This Court has clearly held that "showing a violation of section 7A-198 is not enough; respondent must also show that the error was prejudicial." In re Nolen, 117 N.C. App. at 696 , 453 S.E.2d at 222 .

Hall v. Henderson Cnty.

Court of Appeals of North Carolina · Jun 3, 2026

Carmichael, a licensed appraiser, was qualified as an expert witness with no objection by Petitioners. … The limitations of the methodology were clearly set out, and the Board was given information allowing it to determine the appropriate weight to give the evidence.

Orange County v. Department of Transportation

46 N.C. App. 350 · Court of Appeals of North Carolina · May 6, 1980

Sovereign Immunity The State argues that under the doctrine of sovereign immunity the exercise of discretionary powers by the Department of Transportation and its Board of Transportation in selecting the location of the route … Consequently, appellants may seek review under two well-established exceptions to the doctrine of sovereign immunity, which would by necessity, also be exceptions to G.S. 136-59: (1) “When public officers whose duty it is

Wells v. Consolidated Judicial Retirement System

136 N.C. App. 671 · Court of Appeals of North Carolina · Mar 7, 2000

On 30 June 1994, plaintiff retired from the bench, at which time he qualified for a CJRS monthly benefit. He received one check from CJRS. One month after plaintiff retired from the Court of Appeals, Governor James B. … This provision clearly does not support the interpretation of the Board.

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. 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.

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.

West v. Hoyle's Tire & Axle

Court of Appeals of North Carolina · Apr 20, 2021

A full evidentiary hearing was not held to establish the underlying facts of the matter. … Stat §] 97-88.1 clearly indicates that an award of attorneys’ fees is not required to be granted.

State v. Vann

261 N.C. App. 724 · Court of Appeals of North Carolina · Oct 2, 2018

introduction of this portion of the conversation and noted if it ruled the agreed-upon portion of the conversation opened the door for any other part, that might be grounds for the State to demand admission of other clearly … VANN Opinion of the Court Our Supreme Court has stated: It is well established that a defendant may waive the benefit of statutory or constitutional