Court of Appeals of North Carolina Court Cases

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  1. Jeffreys v. Raleigh Oaks Joint Venture (1994)

    The sole issue before this Court is whether the trial court erred in granting plaintiffs' summary judgment motion as to ROJV's counterclaims against plaintiffs. We need not address this issue, however, as this appeal is interlocutory and ROJV has failed to show this Court that a substantial right of ROJV's will be affected if ROJV is not given the right of immediate appeal from this order.


    Court: Court of Appeals of North Carolina Docket: 9310SC431
  2. In Re Blackburn (2001)

    Respondent, Tammy Carter, mother of Mashanna Blackburn, appeals from an order entered by the trial court terminating her parental rights. For reasons discussed herein, we affirm the trial court.


    Court: Court of Appeals of North Carolina Docket: COA00-414
  3. Bruce-Terminix Co. v. Zurich Ins. Co. (1998)

    On 15 April 1996, Susan L. Gibson (Gibson), having discovered property damage caused by a termite infestation in her home, filed suit against Bruce-Terminix Company (Terminix) and Milton and Rachel Jessup (the Jessups). In that suit Gibson alleged that when she purchased the home from the Jessups, the home was covered by a Terminix termite protection plan and that she received a continuation of that plan from Terminix. She further alleged that when she received the continuation plan, Terminix [...]

    Court: Court of Appeals of North Carolina Docket: COA97-1389
  4. State v. Smith (2007)

    Defendant Jerry Dale Smith appeals from judgment entered upon jury verdicts finding him guilty of assault with a deadly weapon on a government official, misdemeanor resisting a public officer, and attaining habitual felon status. These convictions arose out of an altercation in which defendant submerged a Haywood County Deputy Sheriff in the Pigeon River. Defendant assigns error to the trial court's denial of his motion to dismiss the charge of assault with a deadly weapon on a government [...]

    Court: Court of Appeals of North Carolina Docket: COA06-1321
  5. Matter of Helms (1997)

    Crystal Strube (Respondent) appeals from an order adjudicating her daughter, Brittny Nicole Helms (Brittny), a neglected juvenile and granting continued custody to the Cabarrus County Department of Social Services (DSS).


    Court: Court of Appeals of North Carolina Docket: COA97-45
  6. In Re Huff (2000)

    The Harnett County Department of Social Services (petitioner) filed a petition to terminate the parental rights of respondents (the parents) Tampatha C. Huff (the mother) and James J. Huff (the father) to their child, Xavier J. Huff (the child). The trial court ordered termination of respondents' parental rights, and respondents appeal from that order. We affirm.


    Court: Court of Appeals of North Carolina Docket: COA99-1256
  7. Russell v. Lowes Product Distribution (1993)

    Plaintiff Thomas N. Russell (Russell) appeals from Opinion and Award for the North Carolina Industrial Commission (the Commission) denying total disability payments from Russell's employer, Lowe's Product Distribution (Lowe's), and the administrator of its self-insurance plan, the Fred S. James Company.


    Court: Court of Appeals of North Carolina Docket: 9210IC12
  8. Matter of Oghenekevebe (1996)

    Minor child Isaac Oghenekevebe, born 23 September 1983, has resided in foster care in the custody of petitioner Henderson County Department of Social Services (DSS) since 10 April 1992. At the time the child came into custody of DSS, both the minor child and respondent Kathy L. Wilson (the biological mother) lived in Henderson County, North Carolina. Subsequently, respondent moved to Norfolk, Virginia, and the minor child was placed in foster care in Shelby, North Carolina.


    Court: Court of Appeals of North Carolina Docket: COA95-1186
  9. Harris v. NCNB NAT. BANK OF NC (1987)

    Plaintiff filed this civil action claiming damages for defamation, "attempted extortion," intentional infliction of mental distress, and unfair and deceptive practices in commerce in violation of G.S. 75-1.1. Defendant moved, pursuant to G.S. 1A-1, Rule 12(b)(6), that the complaint be dismissed for its failure to state a claim for relief. The trial court granted defendant's motion and dismissed the action. Plaintiff appealed. We affirm the decision of the trial court.


    Court: Court of Appeals of North Carolina Docket: 8615SC1134
  10. In Re Anderson (2002)

    By three assignments of error, Anderson contends the trial court erred: (1) in requiring him to put on additional evidence to change a prior order of termination that had been set aside; (2) in concluding that grounds exist to terminate his parental rights; and (3) in determining that termination of his parental rights is in the children's best interest. For the reasons herein, we reverse the orders of the trial court and remand for further proceedings consistent with this opinion.


    Court: Court of Appeals of North Carolina Docket: COA01-885
  11. Liggett Group, Inc. v. Sunas (1993)

    This action for declaratory and injunctive relief and for compensatory and punitive damages arises out of the issuance on 9 May 1989 of U.S. Letters Patent No. 4,827,949 (the patent) to defendant Ernest C. Sunas (Sunas), a retired employee of plaintiff Liggett Group Inc. (Liggett). Sunas contends the trial court erred by entering partial summary judgment on 22 January 1991 which (1) ordered Sunas to assign the patent to Liggett, and (2) dismissed his counterclaims. He also argues the trial [...]

    Court: Court of Appeals of North Carolina Docket: 9114SC957
  12. Amanini v. NC Dept. of Human Resources (1994)

    Petitioner Armando Louis Amanini (petitioner) appeals the superior court's order affirming the decision and order of the State Personnel Commission which upheld his termination from employment with respondent N.C. Special Care Center (the Center).


    Court: Court of Appeals of North Carolina Docket: 927SC500
  13. State v. Wallace (1991)

    Defendant appeals from a judgment entered 12 June 1990, which judgment was based upon a jury verdict convicting defendant of robbery with a dangerous weapon, N.C.G.S. ยง 14-87 (1986), under the theory of acting in concert.


    Court: Court of Appeals of North Carolina Docket: 9121SC67
  14. In Re Humphrey (2003)

    Thomas D. Humphrey (petitioner) filed a petition on 13 September 2000 in New Hanover County to terminate the parental rights of Anne Wyatt Skok (respondent) to Thomas Daniel Humphrey, Jr. (the child). Respondent filed an answer to the petition and a motion to dismiss on 8 October 2001. Respondent filed a motion to continue the hearing on the petition to terminate parental rights on 19 October 2001. The trial court denied the motion and the hearing commenced on 23 October 2001. Respondent orally [...]

    Court: Court of Appeals of North Carolina Docket: COA02-518
  15. North Carolina Dept. of Transp. v. Page (1995)

    This appeal arises out of a contractual dispute between plaintiff North Carolina Department of Transportation (the Department) and defendant F. Roger Page, Jr. (Page) concerning the relocation of State Secondary Road 1568 (SR 1568) on Topsail Island, North Carolina. Page owned numerous properties on Topsail Island, including one tract which was under option to Resort Equities, Inc., who planned to build a condominium resort (Villa Capriani) on the site. Resort Equities' plans required the [...]

    Court: Court of Appeals of North Carolina Docket: COA94-1085
  16. In Re Gleisner (2000)

    Christine Gleisner (respondent), the mother of the two juveniles in question (Sarah and Isaac), appeals from the 17 May 1999 order of the trial court finding both juveniles neglected. For the reasons set forth herein we remand.


    Court: Court of Appeals of North Carolina Docket: COA99-1585
  17. First Atlantic v. Dunlea Realty (1998)

    Plaintiff appeals the trial court's denial of its motion for partial summary judgment and allowance of defendants' motion for partial summary judgment on plaintiff's claim of unfair and deceptive trade practices. Defendants appeal denial of their motion for partial summary judgment alleging res judicata, and denial of their motion to strike certain affidavits offered by plaintiff. We reverse the trial court's grant of partial summary judgment to defendants and dismiss the remaining appeals.

    Court: Court of Appeals of North Carolina Docket: COA97-540
  18. In Re Shepard (2004)

    Assistant County Attorney Theresa A. Boucher, for Forsyth County Department of Social Services, petitioner-appellee; and Womble Carlyle Sandridge & Rice, PLLC, by Jason B. Buckland, for Guardian ad Litem, petitioner-appellee.


    Court: Court of Appeals of North Carolina Docket: COA03-212
  19. Embler v. Embler (2001)

    Defendant-appellant appeals from an Equitable Distribution Order entered by the trial court. We find this appeal to be interlocutory in nature, and further find that no substantial right of defendant's will be lost without immediate review. Accordingly, we allow plaintiff's Motion to Dismiss Interlocutory Appeal, filed 7 June 2000.


    Court: Court of Appeals of North Carolina Docket: COA00-24
  20. In Re Shermer (2003)

    The district court terminated the parental rights of Jimmy Shermer ("respondent") as to his son Buddy on September 19, 2001. Respondent appealed, arguing that there was not clear, cogent, and convincing evidence to support the trial court's findings and conclusions. We agree and reverse the decision of the district court.


    Court: Court of Appeals of North Carolina Docket: COA02-427

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