Case law

Opinions from 1658 to today.

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  • In re the Appeal of Becky King Properties, LLC

    234 N.C. App. 699 · Court of Appeals of North Carolina · Jul 1, 2014

    Corp. v. Cty. of Durham, 143 N.C. … See Johnson v. Lucas, 168 N.C.

    Cited 0 timesPublished
  • Washington Housing Authority v. North Carolina Housing Authorities Risk Retention Pool

    130 N.C. App. 279 · Court of Appeals of North Carolina · Jul 21, 1998

    Waste Management of Carolinas, Inc. v. Peerless Ins. Co., 72 N.C. … See National Mutual Insurance Company v. McMahon & Sons, Inc., 177 W.Va. 734 , 356 S.E.2d 488 (1987); Interstate Fire and Casualty Co. v.

    Cited 20 timesPublished
  • In re: C.J.S.

    Court of Appeals of North Carolina · Dec 31, 2024

    State v. Radomski, __ N.C. App. __, 901 S.E.2d 908, 915, disc. rev. denied, 386 N.C. 557 (2024) (cleaned up). 1. … App. at 549 (quoting State v. Taylor, 379 N.C. 589, 605 (2021)) (emphasis added).

    Cited 0 timesPublished
  • Mathis v. Dowling

    230 N.C. App. 311 · Court of Appeals of North Carolina · Nov 5, 2013

    That same day, the Board of Directors for the Council voted to terminate her employment. … Gupton v. Son-Lan Dev. Co., 205 N.C.

    Cited 3 timesPublished
  • Braswell v. Pitt County Memorial Hospital

    106 N.C. App. 1 · Court of Appeals of North Carolina · Apr 7, 1992

    Forrest v. Pitt County Board of Education, 100 N.C.App. 119 , 394 S.E.2d 659 (1990), aff’d, 328 N.C. 327 , 401 S.E.2d 366 (1991). … In Forrest v. Pitt County Board of Education, supra, plaintiff was employed as a cafeteria manager when she fell and injured her back in the cafeteria freezer at one of defendant’s public schools.

    Cited 10 timesPublished
  • State v. Dietriech

    165 N.C. App. 276 · Court of Appeals of North Carolina · Jul 6, 2004

    Elizabeth Toth ran an equine boarding and training facility located one and one-half miles from defendant's residence on Pony Farm Road. … State v. Olson, 330 N.C. 557 , 564, 411 S.E.2d 592 , 595 (1992). The court must find that there is substantial evidence of each element of the crime charged and of defendant's perpetration of such crime. Id.

    Cited 0 timesPublished
  • Osborne v. Redwood Mountain

    Court of Appeals of North Carolina · Apr 5, 2022

    COA21-515 Filed 5 April 2022 Wilkes County, No. 19 CVS 184 BROWN OSBORNE and wife JENNIFER OSBORNE, Plaintiffs, v. … OSBORNE V.

    Cited 0 timesPublished
  • State v. Dean

    Court of Appeals of North Carolina · Nov 19, 2025

    The defense offered the testimony of an expert witness, Edward Brown, a Doctor of Philosophy in chemistry. Dr. … Brown noted, neither the color test nor the FTIR test “differentiate between the D isomer and L isomer.” -3- STATE V.

    Cited 0 timesPublished
  • Carolinas Medical Center v. Employers & Carriers Listed in Exhibit A

    172 N.C. App. 549 · Court of Appeals of North Carolina · Aug 16, 2005

    Hogan v. Cone Mills Corp., 315 N.C. 127, 137 , 337 S.E.2d 477, 483 (1985). It is a “well-settled rule that a statute’s constitutionality shall be determined by the judiciary, not an administrative board.” Meads v. … Woodard v.

    Cited 14 timesPublished
  • Clontz v. Clontz

    44 N.C. App. 573 · Court of Appeals of North Carolina · Jan 15, 1980

    Beacon Homes, Inc. v. Holt, 266 N.C. 467 , 146 S.E. 2d 434 (1966); Board of Commissioners v. Bumpass, 237 N.C. 143 , 74 S.E. 2d 436 (1953). It is clear that plaintiff has no right to recover under this statute. … In Brokers, Inc. v. Board of Education, 33 N.C.

    Cited 7 timesPublished
  • State v. Harper

    72 N.C. App. 471 · Court of Appeals of North Carolina · Feb 5, 1985

    We believe the testimony of the defendant’s niece and his sister that they saw him beating the child with a board, and the testimony of Dr. … See State v. Wilkerson, 295 N.C. 559 , 247 S.E. 2d 905 (1978). The defendant, relying on State v. Byrd, 309 N.C. 132 , 305 S.E. 2d 724 (1983), also argues that there is no evidence that he struck the child in the head.

    Cited 1 timesPublished
  • North Carolina Department of Correction v. Gibson

    58 N.C. App. 241 · Court of Appeals of North Carolina · Jul 20, 1982

    of the Board’s evidence. … Thompson v. Board of Education, 292 N.C. 406, 410 , 233 S.E. 2d 538, 541 (1977). By definition, then, the whole record test is generally used in cases in which there is conflicting or contradictory evidence.

    Reversed on other grounds by North Carolina Department of Correction v. Gibson, 308 N.C. 131 (1983)Cited 7 timesPublished
  • Schumacher v. Schumacher

    109 N.C. App. 309 · Court of Appeals of North Carolina · Mar 2, 1993

    Brown, District Court Judge presiding at the August 27-28,1991 Buncombe County District Court *311 #3 Civil Session, a motion term, pursuant to plaintiffs motion for modification of child support. . . … See Stroupe v. Stroupe, 301 N.C. 656 , 273 S.E.2d 434 (1981). Vacated and remanded. Judges WELLS and EAGLES concur.

    Cited 1 timesPublished
  • FIRST AMERICAN FED. SAV. & LOAN v. Royall

    334 S.E.2d 792 · Court of Appeals of North Carolina · Oct 1, 1985

    Brown & Campbell by C.K. Brown, Jr., Raleigh, for defendant-appellants. BECTON, Judge. … Gerdes v. Shew, 4 N.C.App. 144, 148 , 166 S.E.2d 519, 522 (1969) (citation omitted); accord Abernathy v.

    Cited 0 timesPublished
  • State ex rel. Lanier v. Vines

    1 N.C. App. 208 · Court of Appeals of North Carolina · May 15, 1968

    power, since the statute prescribed no standards to guide the administrative Board in granting or withholding the prescribed license); State v. … Board of Education, 210 N.C. 525 , 187 S.E. 781 .

    Cited 1 timesPublished
  • State v. Navarro

    247 N.C. App. 823 · Court of Appeals of North Carolina · Jun 7, 2016

    According to the Board, therefore, surety’s motion was insufficient to toll the time for appeal of the underlying order. … See Cavenaugh v.

    Cited 1 timesPublished
  • Stroud v. North Carolina Memorial Hospital

    15 N.C. App. 592 · Court of Appeals of North Carolina · Aug 2, 1972

    Bailey v. Dept. of Mental Health, supra. … See Crawford v. Board of Education, 3 N.C. App. 343 , 164 S.E. 2d 748 (1968), aff’d 275 N.C. 354 (1969).

    Cited 2 timesPublished
  • State v. Williams

    71 N.C. App. 136 · Court of Appeals of North Carolina · Nov 6, 1984

    The evidence at trial showed that the marijuana in question was packaged in seventeen separate, small brown envelopes known in street terminology as “nickel or dime bags.” … State v. Baxter, 285 N.C. 735 , 208 S.E. 2d 696 (1974); see also State v. Casey, 59 N.C. App. 99 , 296 S.E. 2d 473 (1982).

    Cited 13 timesPublished
  • Bolton Corp. v. State

    95 N.C. App. 596 · Court of Appeals of North Carolina · Sep 19, 1989

    Johnson v. Wall, 38 N.C. App. 406, 410 , 248 S.E.2d 571, 573-4 (1978). However, a mere incidental beneficiary to a contract acquires no right against the promisor or the promisee. Matterness v. … In construing this provision, our Supreme Court in Davidson and Jones, Inc. v. N.C.

    Cited 8 timesPublished
  • In Re Gertzman

    115 N.C. App. 634 · Court of Appeals of North Carolina · Aug 2, 1994

    The responsibility of operating the Fund rests with a five member board. CSF Rules at 3-4. When the CSF receives a claim, it conducts an investigation and then places the claim on the agenda of the next Board meeting. … In Abbitt v.

    Cited 14 timesPublished

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