Volume 252 — North Carolina Court of Appeals Reports

summary judgment equitable distribution NCGS § 50-20.1 subject matter jurisdiction

Tortious interference with an expected inheritance constructive fraud breach of fiduciary duty demand for an accounting

Contempt Order Attorney's Fees Proper Purpose of Discovery.

Evidence of Restraint to Support Kidnapping Charge

Trial Court did no Violate a Statutory Mandate

Conflict of interest MAR ineffective assistance of counsel

Motion to Compel Arbitration, waiver, contractual rights

Standard of review of decision of ALJ just cause unacceptable personal conduct use of force NCGS 150B-51 NCGS 126-34.02

Third party workers' compensation claim - NCGS 97-10.2 Motion to substitute a party Rule 17(a) Real party in interest Abuse of discretion.

Negligent misrepresentation, summary judgment

DWI Expert Testimony Retrograde Extrapolation Rule 702 and Daubert Fit Test

Miller v. Alabama, individualized sentencing, Eighth Amendment.

Attempt to Obtain Property by False Pretenses Motion to Dismiss

Felony murder substantial evidence plain error underlying felonies

waiver of right to jury trial, knowing and voluntary

misdemeanor child abuse corporal punishment jury instruction regarding moderate punishment

Standards of Review of Board of Adjustment Decisions? ?Motion to dismiss and final judgments? ?Zoning decisions.?

Implied-in-fact contract equitable powers partition

Workers' Compensation Compensable Injury Causal Relationship Compensation Benefits Trial Return to Work Sanctions

Rule 3.7 of NC Rules of Professional Conduct necessary witness witness-advocate rule

Open meetings law Partial directed verdict Attorney's fees.

?permanency planning review hearing requirements? ?constitutionally protected status of parents? ?requirement that a parent be found unfit for a change in guardianship placement.?

Equitable distributionappeal after remand value of marital residence law of the case.

Governmental immunity lease of premises to private entity proprietary function slip and fall contributory negligence summary judgment

equitable distribution order, classification and valuation, distributive award

Jury Instructions Flight Clerical Error

larceny by employee NCGS 14-74 identity of the employer fatal variance Rule 404 (b) evidence Rule 403 prejudice

Failure to specify an entity capable of owning property on a larceny indictment? ?arresting judgment without express justification for doing so? ? double-jeopardy related arrest of judgment.?

Evidence - Rule 412(b)

?preservation of an argument on appeal? ?sufficiency of the evidence? ?general motion to dismiss for sufficiency of the evidence? ?specific argument for a motion to dismiss for sufficiency of the evidence.?

Denial of motion to compel arbitration

Driver?s license revocation, implied-consent offense, affidavit modification, refusal to submit to testing

DWI willful refusal of chemical test administrative review NCGS 20-16.2

Constructive Fraud Confidential Relationship Fiduciary Relationship

Termination of parental rights NCGS 7B-1111(a)(1) NCGS 7B-1111(a)(2) findings of fact conclusions of law stream of consciousness.

UCCJEA NCGS 50A-201 et seq. jurisdiction termination of parental rights.

Denial of summary judgment interlocutory appeal affecting substantial right modification of a separation agreement void ab initio contract, equal dignity estoppel.

stolen firearms constructive possession

Motion for appropriate relief ineffective assistance of appellate counsel felony murder merger doctrine discharging weapon into occupied property

Armed robbery endanger or threaten life of victim fear of victim

State Human Resources Act, NCGS 126-1 et seq Title 25, Subchapters I and J of NC Administrative Code ALJ required findings of fact and conclusions of law just cause to terminate back pay for procedural violation.