Case law

Mitchell v. Lowery

90 N.C. App. 177 · Court of Appeals of North Carolina · May 17, 1988

App. 87, 90 , 243 S.E. 2d 177, 180 , disc. rev. denied, 295 N.C. 465 , 246 S.E. 2d 9 (1978) (a direction that the children of testator’s brothers and sisters are to take “in equal shares” is clearly a per capita direction … The trial court need not recite in its order every evidentiary fact presented at hearing, but only must make specific findings on the ultimate facts established by the evidence, admissions, and stipulations that are determinative

Floyd v. McGill

156 N.C. App. 29 · Court of Appeals of North Carolina · Feb 4, 2003

A directed verdict should be granted in favor of the moving party only where “ ‘the evidence so clearly establishes that fact in issue that no reasonable inferences to the contrary can be drawn,’ and ‘if the credibility of … Batchelor and determined that he was qualified to offer expert testimony. In Curry v. Baker, 130 N.C.

Pritchard v. Elizabeth City

81 N.C. App. 543 · Court of Appeals of North Carolina · Jul 1, 1986

The city had broad statutory authority to establish a program for accumulated vacation leave and to set its own limits on the maximum hours that could be accumulated. … They were clearly the “proper officers to enter into such contracts.”

Koenig v. Town of Kure Beach

178 N.C. App. 500 · Court of Appeals of North Carolina · Jul 18, 2006

Russo Qualified Personal Residence Trust and the Peter J. Russo Qualified Personal Residence Trust, and bring the instant action as trustees and owners of the Russos’ property. … The Court found that the acts of the public in disregarding the various barricades clearly established “the use as being ‘hostile,’ thus repelling any inference that it is permissive, or that the use be ‘open,’ thus giving

Dixon v. Peters

63 N.C. App. 592 · Court of Appeals of North Carolina · Sep 6, 1983

. § 90-21.13, which establishes a “reasonable person” standard. … Plaintiff clearly was not prejudiced as he contends in this assignment of error.

Ray D. Lowder, Inc. v. North Carolina State Highway Commission

26 N.C. App. 622 · Court of Appeals of North Carolina · Aug 6, 1975

This requirement is clearly not met by a summary of incomplete daily reports prepared for use in litigation rather than for the routine operation of the business. … This is not only a reasonable provision of the contract but also one which the parties clearly agreed upon.

Carter v. Colonial Life & Accident Insurance Co.

52 N.C. App. 520 · Court of Appeals of North Carolina · Jun 16, 1981

I do not feel qualified to answer that question. It’s just out of my field. If the jury should find that Mr. … The procedural aspects of the statutory physician-patient privilege established in G.S. 8-53, appears to be qualified.

Smith v. Smith

247 N.C. App. 135 · Court of Appeals of North Carolina · Apr 19, 2016

(2) Is the witness testifying at trial qualified as an expert in that area of testimony? … The trial court, upon qualifying Dr. Neilsen as an expert, made clear that she was not qualified “to talk about any specifics of this case or these children.” Accordingly, Dr.

Harter v. Vernon

139 N.C. App. 85 · Court of Appeals of North Carolina · Jul 18, 2000

District Court denied defendants’ motion for summary judgment concluding that genuine issues of material fact existed regarding Sheriff Vernon’s motive for firing plaintiffs and rejecting defendants’ Eleventh Amendment immunity … Furthermore, our Supreme Court has long established that: If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.

State v. Tinney

229 N.C. App. 616 · Court of Appeals of North Carolina · Sep 17, 2013

It’s, I mean, I’m giving him the best I can understand, and that’s coming from a guy that just got notified by the scooter store he qualified, so ... THE COURT: Well, so, Mr. … As a result, the record clearly establishes that, at the time that he entered his guilty plea, Defendant had been clearly informed and fully understood that, in the event that he proceeded to enter his negotiated plea of

LIBERTARIAN PARTY OF NC v. State

200 N.C. App. 323 · Court of Appeals of North Carolina · Oct 20, 2009

"In challenging the constitutionality of a statute, the burden of proof is on the challenger, and the statute must be upheld unless its unconstitutionality clearly, positively, and unmistakably appears beyond a reasonable … and under Article VI, Section 6, which establishes the right of every citizen to run for office.

State v. Reber

Court of Appeals of North Carolina · Oct 1, 2024

As to Defendant’s first issue, Captain Gentry clearly states how the cell phone came into the officers’ possession in the affidavit—it was “seized from the property of inmate [Defendant], currently incarcerated in the Ashe … not qualified under this section is subject to challenge for cause.”

Ramey v. Easley

178 N.C. App. 197 · Court of Appeals of North Carolina · Jun 20, 2006

Defendants moved for summary judgment arguing the declaratory judgment and money damages plaintiff sought were barred by the doctrine of sovereign immunity. Plaintiff also moved for summary judgment. … The challenged regulations clearly relate to public highway safety. The trial court did not err in denying plaintiff’s motion for partial summary judgment. This assignment of error is overruled. V.

Howell v. Sykes

136 N.C. App. 407 · Court of Appeals of North Carolina · Jan 18, 2000

Sherrod, Jr., qualified as executor under the will. At the time of her death, Mrs. … Branch’s will in its entirety clearly reveals her intent in providing for the disposition of her estate.

The City of Asheville v. Frost

253 N.C. App. 258 · Court of Appeals of North Carolina · May 2, 2017

qualified service.' " Id. at 623 , 757 S.E.2d at 498 (quoting 1953 N.C. … In order for a party to *270 qualify as a petitioner, and have the right to a jury trial, a party must first lose before the Board.

Green ex rel. Crudup v. Kearny

225 N.C. App. 281 · Court of Appeals of North Carolina · Feb 5, 2013

Moreover, “it is the function of the General Assembly to establish the public policy of this State.” Walter v. Vance County, 90 N.C. App. 636, 641 , 369 S.E.2d 631, 634 (1988) (citing Martin v. … P. 54(d)(2)(B) clearly does not apply to litigation pending in our State courts and the North Carolina Rules of Civil Procedure contain neither a counterpart to F.R. Civ.

State v. Terry

149 N.C. App. 434 · Court of Appeals of North Carolina · Mar 19, 2002

The facts must be established beyond a reasonable doubt. N.C. Gen. Stat. § 5A-14(b) (1999). … On direct examination, the reporter refused to answer questions, asserting a qualified privilege under state and federal constitutions.

Pickard v. Pickard

176 N.C. App. 193 · Court of Appeals of North Carolina · Feb 21, 2006

Here, plaintiff takes the position that his marriage is voidable, a position clearly inconsistent with his sworn statements in the adoption proceedings. … The evidence does not establish — rather, it negates the fact — that Chester A.

Lowery v. Newton

52 N.C. App. 234 · Court of Appeals of North Carolina · Jun 2, 1981

However, the breach of the standard of care is clearly established by Dr. … Keranen as a general surgeon and plastic surgeon is sufficient to qualify him to testify as an expert for the purpose of establishing the standard of care and breach thereof required in the case before us.

Forbes v. City of Durham

255 N.C. App. 255 · Court of Appeals of North Carolina · Sep 5, 2017

Plaintiff “believed that both he and [Assistant Chief] Smith were well-qualified candidates.” … Nevertheless, afterwards, plaintiff told defendant Lopez that “there were many black officers who were qualified for promotion, but Chief Lopez had consistently promoted non-black officers over equally or better- qualified