Case law

City of Roanoke Rapids v. Halifax Cnty.

Court of Appeals of North Carolina · Oct 1, 2025

That [d]efendant is not entitled to a defense of sovereign immunity because by attempting to force the [p]laintiff to pay for municipal dispatching services, [d]efendant is acting … town, special district, or other unit of local government to levy taxes on property, except for purposes authorized by general law uniformly applicable throughout the State, unless the tax is approved by a majority of the qualified

State v. Corbett/Martens

Court of Appeals of North Carolina · Feb 4, 2020

I do not remember clearly after that. … Yet, James’s analysis of the challenged evidence clearly contravened the reliability protocol established in his own treatise.

Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n

799 S.E.2d 879 · Court of Appeals of North Carolina · Apr 4, 2017

The counterclaim does allege a contractual relationship that was established in the Declaration itself. … The terms of the Declaration clearly establish contractual obligations between the Declarant, as the owner of the Clubhouse, and the Homeowners: Declarant shall grant to the Association and the Owners of

Odell v. Legal Bucks, LLC

192 N.C. App. 298 · Court of Appeals of North Carolina · Sep 2, 2008

The second element of a usury claim requires that the parties to the qualifying transaction had “an understanding that the money owed [would] be paid.” Swindell, 330 N.C. at 159 , 409 S.E.2d at 895 . … To establish a claim for unfair and deceptive trade practices under N.C. Gen.

Mitchell v. MITCHELL (NOW NORWICH)

199 N.C. App. 392 · Court of Appeals of North Carolina · Sep 1, 2009

The record establishes that defendant was “apprise [d] ... of the pendency of the action and affordfed]... an opportunity to present [her] objections.” Id. at 255 , 593 S.E.2d at 92 . … Since the entry of the Permanent Order, both parents are now uniquely qualified to be parents on an equal basis with their children.

Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc.

822 S.E.2d 791 · Court of Appeals of North Carolina · Feb 5, 2019

Qualified Personnel, Inc. , 294 N.C. 200 , 208, 240 S.E.2d 338 , 343 (1978). As a result, the extent to which an interlocutory order affects a substantial right must be determined on a case-by-case basis. McCallum v. … Our review of the SSA in its entirety reveals the clearly expressed desire of the parties that the contract be given effect to the fullest extent possible.

Digh v. Digh

Court of Appeals of North Carolina · Oct 21, 2014

We affirmed the order of the trial court denying defendant’s 2011 Motion on the basis that defendant only established a unilateral mistake, not a mutual one. See id. … The terms of the 1998 Judgment clearly provide for the entry of a Qualified Domestic Relations Order if required by the Plan Administrator of the State

In re: A.W.

Court of Appeals of North Carolina · Nov 2, 2021

Testimony showed their visitation with Andrea was positive and appropriate, and that she knew and had established bonds to her parents. … The four social workers were not qualified as experts on domestic violence.

State v. Daw

Court of Appeals of North Carolina · May 4, 2021

Resolution of the questions presented by this appeal on the merits would therefore clearly affect “members of the public beyond just the parties in the immediate case.” Carmichael, 262 N.C. … His immune system is not strong enough to combat this virus successfully. ... 15.

Bolton Corp. v. T. A. Loving Co.

94 N.C. App. 392 · Court of Appeals of North Carolina · Jul 5, 1989

To prove Loving’s liability Bolton attempted to establish that the architect’s allocation of responsibility for delay was final, absent bad faith. … On retrial, Bolton may, with the assistance of properly qualified expert testimony, introduce evidence of duration-related losses resulting from “undue delay” caused by Loving.

White v. N.C. Dep't of Health & Hum. Servs.

Court of Appeals of North Carolina · May 7, 2024

Although the adopted child in this case clearly has extensive needs, he does not meet the eligibility requirements for adoption assistance benefits under Title IV-E. … The whole record clearly shows, and the superior court correctly found: “Respondents were well aware of C[.]W[.]’s special needs prior to adoption, as C[.]W[.

State v. Fuller

Court of Appeals of North Carolina · Nov 5, 2019

Clearly, the trial court need not determine that the risk of recidivism is an absolute certainty. … Both conclusions are clearly within the trial judge’s permitted range of discretion.

State v. Overton

60 N.C. App. 1 · Court of Appeals of North Carolina · Dec 21, 1982

The State’s evidence does not establish Overton’s actual or constructive presence during the commission of these offenses. … Atha Atkinson’s convictions on the substantive offenses clearly appear to have been based on the jury’s reliance on the theory of vicarious liability.

Treadaway v. Payne

Court of Appeals of North Carolina · Oct 5, 2021

Defendant argues that Testator’s will clearly evidences Testator’s intent to bequeath the contested property to him, while Plaintiffs argue that Testator intended that the contested property pass to them. … ¶8 Following Testator’s death on 1 May 2018, the Forsyth County Clerk of Court admitted the Will to probate, and on 4 June 2018, Defendant qualified as executor of the estate.

Lassiter v. N.C. Dep't of Transp.

Court of Appeals of North Carolina · Dec 17, 2025

Our General Assembly has established that NCDOT owes a duty of care to the general public to “plan, design, locate, construct and maintain the public highways in the State of North Carolina, with reasonable care.” … Although Plaintiffs’ expert qualified his response, he responded in the affirmative to the questions about what the MUTCD required at a minimum.

Collier v. Bryant

216 N.C. App. 419 · Court of Appeals of North Carolina · Nov 1, 2011

In Slater , this Court held that a will provision clearly intending to devise land in fee simple would not be limited by further precatory language. Slater, 89 N.C. App. at 559 , 366 S.E.2d at 609 . … Bryant, Kimberly’s acceptance of the check may qualify as an accord and satisfaction. Nevertheless, all plaintiffs cashed their checks based on Ms.

Beck v. Carolina Power and Light Co.

57 N.C. App. 373 · Court of Appeals of North Carolina · Jun 1, 1982

Poindexter, qualified as an economics expert, testified that based on the decedent's life expectancy, education, race, geographic location and sex he could project the loss of income support, reduced to present monetary value … Thus, in 1956 our Court clearly established that with respect to punitive damages, gross negligence and wanton conduct are synonymous.

State v. Bishop

241 N.C. App. 545 · Court of Appeals of North Carolina · Jun 16, 2015

It is well-settled that "[t]he constitutional right of freedom of speech does not extend its immunity to conduct which violates a valid criminal statute. … The State argues these statements were relevant because they established the mens rea element of the Cyber-bullying Statute.

State v. Fowler

159 N.C. App. 504 · Court of Appeals of North Carolina · Aug 5, 2003

In the case of a courtroom demonstration, the demonstrator may not need to be qualified as an expert . . . but a proper foundation still must be laid as to the person’s familiarity with the thing he or she is demonstrating … The State’s purpose, clearly, was to show that the defendant had removed the skirt part before he choked Stacey, thus providing evidence of premeditation and deliberation.

In re: M.M.

Court of Appeals of North Carolina · Jun 16, 2020

Sheaffer to determine if he was qualified to testify as an expert in psychology and child and family evaluations. … She exhibited signs and symptoms consistent with this diagnosis including inability to clearly describe the pain being located throughout her abdomen instead of one specific location, inability