Volume 254 — North Carolina Court of Appeals Reports

Administrative Law, Dismissal of Career State Employee, Whether the Findings were Supported by Substantial Evidence, Whether Dismissal Decision was Arbitrary and Capricious, Just Cause Analysis, Due Process of Law

tort claims against county governmental immunity waiver summary judgment

Bench trial, negligent misrepresentation, unfair and deceptive trade practice, homeowner exception

Negligence Damage Mitigation amended Judgment Contributory Negligence Costs

Preliminary injunction Interlocutory appeal Substantial right Employment Agreement

Drug House Drug Identification Expert Testimony

Sixth Amendment, Confrontation Clause, Rule 804, Unavailability of Necessry Witness, Continuance, Good-Faith Effort

Assault with a firearm when a defendant is entitled to a self-defense instruction intent to shoot attacker, essential to warrant instruction.

Statutory rape bolstering of victim credibility satellite-based monitoring N.C.G.S. Sec. 14-208.40A

Rule 106 Contemporaneity Requirement Abuse of Discretion

habitual felon juror misconduct

Confrontation Clause Testimonial Statements Forfeiture State's Waiver of Harmlessness Beyond a Reasonable Doubt

Motion to suppress Ineffective assistance of counsel Harbison

obtaining property by false pretenses, doctrine of recent possession, jury instruction

Criminal Street Gang Activity Witness Identification Robbery with a Dangerous Weapon

civil contempt child custody legal representation adherence to visitation schedules attorney's fees.

Divorce and then subsequent remarriage of parties, Rule 41(a) of the North Carolina Rules of Civil Procedure, Joint dismissal of alimony and equitable distribution claims following entry of judgment for absolute divorce in first marriage, Refiling of alimony and equitable distribution claims based on first marriage after failure of second marriage

Equitable Distribution joinder necessary party N.C. Gen. Stat. Sec. 1A-1, Rule 19

Subject-Matter Jurisdiction UCCJEA Due Process Termination of Parental Rights

required findings to cease reunification efforts custody with adult sibling required findings of fact to award permanent custody conclusions unsupported by findings of fact NCGS 7B-906.1 and 906.2

Subject matter jurisdiction N.C. Gen. Stat. § 7B-401(b) Article 8 of the Juvenile Code whether DSS was required to file a petition where trial court retains jurisdiction and discontinues periodic judicial reviews

Medical Negligence of Hospital - No Evidence of Standard of Care

Guardianship, Power of Attorney executed after adjudication of incompetency, Voidable versus void, Deeds

Appearance Bond Forfeiture Record on appeal

Felony Conversion Indictment Ownership

Unsolicited Statements by Juror during Selection Motion for Mistrial Standard for Finding Clerical Error

Declaratory Judgment Statutes of Limitations

N.C.G.S. Sec. 97-84 waiver N.C. Workers' Compensation Act Statutory employer

N.C.G.S. Sec. 97-38 Workers' Compensation Act Death Benefits Statute of Limitations

golf use only encumbrance construing restrictive covenants easement implied-by-plat survey plats in chain of title no dedication to HOA or for commona areas.

Termination willful abandonment six months

Voluntary admission incompetent adult subject-matter jurisdiction

Separation of Powers Writ of Mandamus Authority of Trial Court to Order State Officials to Draw Money from State Treasury

Equitable distribution Alimony Attorney's fees Expert witness costs Cross-appeal

Motion to Suppress Juvenile Defendant Custodial Interrogation Voluntary Waiver of Constitutional and Statutory Rights

first degree murder expert opinion testimony jury selection stake out questions indoctrinating questions rule of completeness

Elements of Voluntary Manslaughter Automatism Defense Expert Testimony

Probation revocation Subject matter jurisdiction Absconding N.C. Gen. Stat. Section 15A-1344(a) N.C. Gen. Stat. Section 15A-1343(b)(3a).

Judge's comment not an order or judgment - denial of continuance - no prejudice in admission of video

Motion to suppress evidence probable cause to issue search warrant sufficiency of nexus between alleged criminal activity and place to be searched

Reliability of Horizontal Gaze Nystagmus Testing for expert testimony Rule 702 Requirements.

family law, child custody order, no substantial change in circumstances

Failure to exhaust administrative remedies subject matter jurisdiction minimum housing standards

summary judgment lease and guaranty as separate contracts Chapter 11 bankruptcy discharge of guaranty in bankruptcy

Interlocutory appeal involving substantial right possibility of inconsistent verdicts 42 U.S.C. § 1983 discharge in violation of First Amendment free speech rights speech on matter of public concern

Motion to Continue Termination Parental Rights Repetition of Neglect Reasonable Progress

Verification of petition Termination of parental rights Failure to pay support

Burden of proof abused juvenile

Lack of consideration to support promissory note statute of frauds signature requirement quasi-estoppel

public official immunity

Court-ordered dissolution of PLLC accounting and distribution appointment of referee procedures used by referee summary judgment

Medical Liens under N.C. Gen. Stat. 44-49 Unfair and Deceptive Trade Practices Distribution of funds to pro se personal injury claimants

Summary judgment Ambiguities Insurance policies Occurrence.

Interlocutory improper venue forum selection clause contract formation last essential act

Motion to Dismiss First Amendment Restricted Sex Offender

Guilty plea prior record level stipulation to class of prior conviction stipulation to question of law

Aiding and abetting larceny habitual felon judicial notice

Self-defense jury instruction warning shot

Probation revocation N.C. Gen. Stat. Section 15A-1343(b)(3a) Absconding.

Temporary Restraining Order damages on injunction bond wrongfully enjoining party effect of voluntary dismissal calculation of damages with reasonable degree of certainity