Case law

Arnold v. Varnum

34 N.C. App. 22 · Court of Appeals of North Carolina · Sep 7, 1977

The statute further (1) requires the governing body to submit to the qualified electors the question of whether such a tax shall be levied and, if the majority of the qualified voters favor the levying of such a tax, the … The statute is clearly a general law. Sides v. Hospital, 287 N.C. 14 , 213 S.E. 2d 297 (1975).

Swain v. Preston Falls East, L.L.C

156 N.C. App. 357 · Court of Appeals of North Carolina · Mar 4, 2003

Plaintiffs did have the house inspected prior to closing, but the inspector expressly stated in the inspection report that he was not qualified to evaluate the EIFS and thus did not inspect it. … Only where the evidence establishes the plaintiffs own negligence so clearly that no other reasonable conclusion may be reached is summary judgment to be granted. Nicholson v. American Safety Util.

Long v. State Department of Human Resources

145 N.C. App. 186 · Court of Appeals of North Carolina · Jul 17, 2001

Section 110-90.2(d) requires respondent to provide notification in writing to the child care provider and the employer whether the person is qualified to provide child care based on the person’s criminal history. N.C. … Section 110-90.2(d) clearly provides a different, adequate judicial remedy, however. It is the “other statute” described in section 150B-43, which removes it from the procedures of the APA.

State v. Saunders

35 N.C. App. 359 · Court of Appeals of North Carolina · Feb 21, 1978

Evans is a qualified chemist, specializing in the chemical analysis of controlled substances, for the State Bureau of Investigation.” … The State offered ample evidence to establish each link in the chain of possession, but the credibility of that evidence was for the jury to determine.

Morrow v. Kings Department Stores, Inc.

57 N.C. App. 13 · Court of Appeals of North Carolina · May 4, 1982

It has, by statute, given merchants who, upon probable cause, detain suspected shoplifters, immunity from certain designated tort actions. G.S. 14-72.1(c); see generally 50 N.C.L. Rev. 188 (1971). … Or it may be established by allegations sufficient to allege a tort where that tort, by its very nature, encompasses any of the elements of aggravation.

State v. Hunt

211 N.C. App. 452 · Court of Appeals of North Carolina · May 3, 2011

But even if the evidence was sufficient to establish “mental retardation[,]” N.C. Gen. … Stat. § 14-177 crime against nature charge, under the standard established by Whiteley .

State v. Daughtridge

248 N.C. App. 707 · Court of Appeals of North Carolina · Aug 2, 2016

Second, the witness must be qualified as an expert by knowledge, skill, experience, training, or education. … Clearly, Dr.

In re Fifth Third Bank

217 N.C. App. 199 · Court of Appeals of North Carolina · Dec 6, 2011

As a result, the record clearly reflects that Dr. … As a result, we conclude that, even if Plaintiffs’ loans were procured through and administered with the assistance of one or more persons who were not properly certified or qualified, that set of facts does not establish

Sutton v. Sutton

35 N.C. App. 670 · Court of Appeals of North Carolina · Apr 4, 1978

As such, it was clearly intended to serve as proof of its contents. … Sutton, Sr. was clearly manifested within the “four corners” of the will.

Malloy v. Easley

146 N.C. App. 66 · Court of Appeals of North Carolina · Sep 4, 2001

The well established exception to this rule is . . . … No person is immune from prosecution in good faith for his alleged criminal acts.

State v. Jenkins

83 N.C. App. 616 · Court of Appeals of North Carolina · Dec 30, 1986

Defendants claim that the joinder did not meet the standard established by statute. G.S. 15A-926(b)(2) sets forth the grounds for a motion by the State for joining the cases of multiple defendants: a. … Coffey’s testimony in the present case is clearly expert testimony as to the credibility of the two young witnesses to which he referred. The court, therefore, erred in allowing it.

Allen v. Allen

201 N.C. App. 159 · Court of Appeals of North Carolina · Nov 17, 2009

Stat. § 50-13.7 (a) (2007) (establishing that custody orders "may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party . . . ."). … Clearly, defendant believed at the time of the hearing that private school was a necessary expense, and she wanted the children to remain enrolled there.

State v. Lankford

28 N.C. App. 521 · Court of Appeals of North Carolina · Feb 18, 1976

The evidence thus adduced by the State tended to establish that Boudreau was armed with a pistol, that he took the money in question from Catón by the use and threatened use of such pistol, and that he thereby threatened, … The instructions clearly conveyed the concept of a shared felonious intent although those exact words were not used. There is no requirement that those words must be used.

S. Carolina Telecomms. Grp. Holdings v. Miller Pipeline LLC

248 N.C. App. 243 · Court of Appeals of North Carolina · Jul 5, 2016

Knowledge obtained from the review of records, qualified under Rule 803(6), constitutes -5-  S.C. TELECOMM. GRP. HOLDINGS, D/B/A SPIRIT COMMC’N V. … This document does not establish that DEI is a Ford-authorized manufacturer. The document was not published by Ford, and Mr.

Beaman v. Beaman

77 N.C. App. 717 · Court of Appeals of North Carolina · Nov 19, 1985

Williams, 299 N.C. 174 , 261 S.E. 2d 849 (1980), our Supreme Court stated that in determining whether one qualifies as a dependent spouse under G.S. 50-16.1(3) as well as in determining the amount of alimony to be awarded … This evidence clearly allows the court to determine the parties’ accustomed standard of living. A specific finding of fact was not necessary. This assignment of error is overruled.

McLeod v. McLeod

74 N.C. App. 144 · Court of Appeals of North Carolina · Apr 16, 1985

In rejecting plaintiff’s contentions this Court noted that under this view increases in value of separate property would be immune from equitable distribution even if the marriage partner managing the separate property “was … That initial interest qualifies as separate property under the statute. G.S. 50-20(b)(2). Any increase in its value due to active appreciation is marital property. Wade, 72 N.C.

State v. Horne

59 N.C. App. 576 · Court of Appeals of North Carolina · Dec 7, 1982

We find that this application for the search warrant clearly satisfies the definition of probable cause as defined by statute and interpreted by our courts. … To be part of the res gestae, a declaration must meet three qualifying conditions: The declaration must be of a spontaneous character, it must be contemporaneous with the transaction at issue or so closely connected as to

Loeb v. Loeb

72 N.C. App. 205 · Court of Appeals of North Carolina · Jan 2, 1985

The first question is whether jointly held property qualifies as “marital property.” … Sec. 50-20(c) (Supp. 1981) establishes a presumption that an equal division is equitable.

Johnson v. Beverly-Hanks & Associates, Inc.

97 N.C. App. 335 · Court of Appeals of North Carolina · Feb 20, 1990

Item 11, Part C of the Orkin report clearly provides that “[t]his is not a structural damage report.” … Therefore, a prima facie case for fraud has not been established.

State v. Brown

59 N.C. App. 411 · Court of Appeals of North Carolina · Nov 16, 1982

It is well established that a trial judge may question witnesses as long as the judge does not violate the prohibition against expressing an opinion as to the weight of the evidence or the credibility of the witness. 1 Brandis … Questions 1, 2, 3, and 5 began with the qualifying language “where do you say,” “when you say,” and “you say.” That language clearly precludes any interpretation of the judge’s questions as an expression of his opinion.