Case law

In re K.R.T.

808 S.E.2d 178 · Court of Appeals of North Carolina · Dec 5, 2017

her child, particularly when we are considering a relatively short six month period, needs to show more than a failure of the parent to live up to her obligations as a parent in an appropriate fashion; the findings must clearly … Such evidence qualifies as evidence about the children's bond with Father.

State v. Fryou

244 N.C. App. 112 · Court of Appeals of North Carolina · Nov 17, 2015

Thus, defendant’s argument on appeal is that the issue of the victim’s age was a legal question and not a fact which could be established by stipulation or by the jury’s determination. … They did not address what the trial court may consider in determining whether a conviction qualifies as a reportable offense against a minor.

State v. Sheffield

Court of Appeals of North Carolina · Apr 5, 2022

Here, the trial court erred by entering automatic lifetime SBM based on the parties’ and the trial court’s mistaken belief that Defendant was guilty of a qualifying offense. … In fact, evidence of the presence of the Bibles in the victim’s apartment was introduced through photographs of the apartment, including one that clearly depicted the Bibles on a bookshelf.

In re: B.R.W. & B.G.W.

Court of Appeals of North Carolina · Jul 20, 2021

The trial court established a primary permanent plan of reunification and a secondary plan of guardianship. … Stepfather was “on crutches after being injured in a fall” and “continue[d] to try to qualify for disability payment, which he was also attempting prior to his injury.”

Reese v. Charlotte-Mecklenburg Board of Education

196 N.C. App. 539 · Court of Appeals of North Carolina · May 5, 2009

Stat. § 160A-274 is not independent authority that obviates the limitations established by N.C. Gen. Stat. § 153A-158. … The transaction at issue clearly falls under the provisions of N.C. Gen. Stat. § 160A-274(b), which no longer contains the “use” restriction present at the time Carter was decided.

State v. Graham

Court of Appeals of North Carolina · Mar 17, 2020

Our Supreme Court held that: [The victim’s] testimony clearly indicated a course of continuing sexual abuse by the defendant. … Code Ann. § 16-6-3 but does not constitute an offense, or only qualifies as a Class C felony, under N.C. Gen. Stat. § 14-27.25.

State v. Clark

211 N.C. App. 60 · Court of Appeals of North Carolina · Apr 19, 2011

The *70 testimony of Detective Huffman, upon which Judge Hardin based his findings of fact, demonstrates that Detective Huffman directly and clearly informed Defendant that he was not under arrest, that Defendant repeatedly … In Davison , we held that, in determining whether a defendant’s conviction offense qualifies as an “aggravated offense” for purposes of N.C. Gen.

State v. Williams

185 N.C. App. 318 · Court of Appeals of North Carolina · Aug 21, 2007

Defendant also argues the trial court abused its discretion by admitting the testimony because the statements did not qualify as present sense impressions. We disagree. N.C. Gen. … Defendant argues that “ [b]y instructing for the first time on acting-in-concert, long after the jury had been deliberating, the trial judge’s additional instructions clearly communicated to the jury that he was frustrated

Miller v. Miller

253 N.C. App. 85 · Court of Appeals of North Carolina · Apr 18, 2017

property and debt is not practical given that neither party desires to be distributed certain assets and the assets are capable of being sold in the marketplace with the assistance of qualified … On remand, the trial court must clearly make findings to support its classification, valuation, and distribution of the Suburban and its debt.

State v. Jones

133 N.C. App. 448 · Court of Appeals of North Carolina · Jun 15, 1999

IV We next address an issue not specifically discussed by defendant in his brief, but clearly presented by the dissent. … Precedent established by our Supreme Court further supports my conclusion. In State v.

State v. Jones

Court of Appeals of North Carolina · Nov 2, 2021

¶ 34 The letter at issue here qualifies as a prior consistent statement under those standards. … To show that an error was fundamental, a defendant must establish prejudice—that, after examination of the entire record, the error had a probable impact on the

Locklear v. NC Dep't of Agric. & Consumer Servs.

Court of Appeals of North Carolina · Oct 19, 2021

Unacceptable personal conduct does not necessarily establish just cause for all types of discipline. … While Petitioner does not clearly state she is challenging this basis, we assume she is because she argues she “had no motive or reason to lie or be uncooperative in the ensuing investigation” and

Judd v. Tilghman Med. Assocs.

Court of Appeals of North Carolina · Jul 21, 2020

“To qualify for relief under Rule 60(b)(6), a movant must satisfy a three-part test: (1) extraordinary circumstances exist, (2) justice demands the setting aside of the judgment, and (3) the defendant has a meritorious … “Although it is clearly the better practice for trial courts to make explicit findings of fact with respect to the elements of Rule 60(b)(1), . . . the trial court’s failure to do so here does not require reversal.”

Mid-America Apartments, L.P. v. Block at Church St. Owners Ass'n, Inc.

257 N.C. App. 83 · Court of Appeals of North Carolina · Dec 19, 2017

Applying long established common law principles, we decline to hold the Easement void as contrary to public policy. C. … Opinion of the Court Lincoln Street” because such conduct “interfer[es] with [Mid-America’s] use and enjoyment of the Easement[,]” we hold that the trial court did not abuse its discretion in enjoining conduct clearly

Hale v. MacLeod

Court of Appeals of North Carolina · Jun 18, 2024

This court in Gibellini noted, “it is well established that a controlling shareholder owes a fiduciary duty to minority shareholders.” Id. … Stat. §] 78A-24 and does not qualify for exemptions pursuant to [N.C. Gen. Stat. §§] 78A-16 . . . [or] 78A-17 from registration according to North Carolina laws.”

Ayers v. Currituck Cty. Dep't of Soc. Servs.

Court of Appeals of North Carolina · Oct 1, 2019

The parties also agree Petitioner qualifies as a “career State employee” and thus is afforded the benefit of N.C. Gen. … Unacceptable personal conduct does not necessarily establish just cause for all types of discipline.

In re M.G.

187 N.C. App. 536 · Court of Appeals of North Carolina · Dec 18, 2007

Such a holding would additionally impose jurisdictional limitations which the General Assembly clearly never intended when it sought to balance the interests of children with the rights of parents in juvenile actions." … Our courts have, however, held that such conduct is sufficient to establish a violation of N.C. Gen.Stat. § 14-202.1. See, e.g., State v.

Garlock v. Wake County Board of Education

211 N.C. App. 200 · Court of Appeals of North Carolina · Apr 19, 2011

The statute sets out, clearly appears to contemplate a compressed time frame for making decisions on that. … Stat. § 168A-4(a) (2009) states that “reasonable accommodation duties” do not arise until a qualified person with a disability requesting a reasonable accommodation . . . apprise [s] the employer, employment agency, labor

Cunningham v. The Goodyear Tire & Rubber Co.

Court of Appeals of North Carolina · Oct 6, 2020

Furthermore, Defendants acknowledge that Plaintiff’s 3 March 2015 medical treatment at the dispensary qualified as medical compensation for purposes of N.C. Gen. Stat. § 97-24(a)(ii). … This is especially so where, as here, Plaintiff received treatment for her feet with another doctor who opined that her symptoms were related to her low back, and she clearly complained of pain that had “never gone away

County of Wake v. North Carolina Department of Environment & Natural Resources

155 N.C. App. 225 · Court of Appeals of North Carolina · Dec 31, 2002

In addition, we conclude the Town, which was added to the case by consent of the parties following Wake County’s filing of its petition for judicial review, also qualifies as a “person aggrieved” under the NCAPA because its … DENR is authorized to issue permits “governing the establishment and operation of solid waste management facilities.” N.C. Gen.