Volume 258 — North Carolina Court of Appeals Reports

Shareholder sale of interest in LLC unfair and deceptive trade practices act, fraud, constructive fraud, breach of fiduciary duty compromise verdict.

Summary judgment Alter ego Discovery Motion to amend complaint Substitution of party

Termination of parental rights scheduling return date of hearing previously scheduled criminal trial Rule 59 motion abuse of discretion.

Easements easements by implication easement implied by prior use easement by grant

N.C. Workers' Compensation Act Disability N.C. Gen. Stat. Section 97-2(9)

Rule 59 motion motion to recuse N.C.G.S. § 31A-2 requested jury instructions

First-degree murder hearsay N.C.R. Evid. 803(5) recorded recollection insufficient recollection illustrative evidence limiting instruction

Voluntariness of consent to search calculation error before guilty plea

Felony child abuse serious physical injury serious bodily injury motion to dismiss sufficiency of the evidence scars re-sentencing

DWLR jury instructions presumption of notice and knowledge

Amount of restitution ability to pay restitution competent evidence to support restitution award

First-degree murder alleged discovery violations under N.C. Gen. Stat. 15A-903 late disclosure of expert witness

Probation Probation revocation Absconding N.C. Gen. Stat. Section 15A-1343(b)(3a) N.C. Gen. Stat. Section 15A-1344(f) Jurisdiction

Self-Defense Aggressor Doctrine

Sentencing guidelines extraordinary mitigation abuse of discretion.

probation revocation absconding

On remand from Supreme Court for reconsideration in light of its decision in State v. Brice alleged indictment-related deficiency under N.C. Gen. Stat. 15A-928 dismissed as unpreserved for appellate review under Brice remanded for correction of clerical error

Privilege Against Self-incrimination Right to Remain Silent Miranda Warnings

Identification Testimony, Abuse of Discretion, Character Evidence, Relevance, Plain Error, Prior Record Level, Out-of-State Offense, Substantial Similarity, Harmless Error

Motion to Change Venue Responsive Pleadings Interlocutory Appeal

Adequate state remedy Direct constitutional claims pursuant to Corum v. University of North Carolina Tort Claims Act

Direct action against insurer creditor as third-party beneficiary Rule 12(b)(6) motion to dismiss unfair or deceptive trade practices bad faith claims settlement plead fraud with particularity, NC Rule of Civil Proc. 9(b) civil conspiracy.

Workers' compensation benefits failure to establish plaintiff suffered an occupational disease lack of expert medical evidence that plaintiff was at increased risk of contracting asthma than general public

First Amendment, Standing, Contract claims by church members, Review based on neutral principles of law

Personal Injury, Obstacle in Roadway, Contributory Negligence, JNOV, Last Clear Chance, Jury Instructions

Neglected and dependent juvenile Permanent plan of guardianship with relative Ceasing reunification efforts Reunification as concurrent permanent plan

Conduct inconsistent with constitutionally protected status as parent clear, cogent and convincing evidence standard ceasing reunification efforts, NCGS 7B-906.2 permanent custody foster parents.

Termination of parental rights, appeal from permanency planning order

termination, law of the case

ajudication order, parental rights

Rule 59 motion for new trial following summary judgment order resolving the case

Business Records Authentication Felony Breaking and Entering

Reasonable Suspicion Fourth Amendment Traffic Stops Motion to Suppress

Jury instructions on unindicted first-degree kidnapping elements sentences for two assaults allegedly based on the same conduct motion to dismiss first-degree offense for insufficient evidence of serious personal injury lifetime registration and SBM Grady issue

Necessity, Duress, Defense, Instruction

Motion for Appropriate Relief Commitment Orders Judgments and Sentencing Judicial Notice Service of Sentence

Felonious larceny jury instructions breaking or entering sufficient evidence to support jury finding that defendant personally committed the crime

Standing Declaratory Judgment Act Facial Constitutional Challenges Summary Judgment Zoning

condemnation, inverse condemnation, Map Act, counterclaim N.C.G.S. Section 136-103 and 111

Child Support Action & Rule 11 Sanction, Attorneys' Fees.

Motion to quash, discovery sanctions interlocutory order substantial right review of Rule 60 ruling.

action for equitable distribution and spousal support Rule 12(b)(1) dismissal for lack of subject matter jurisdiction Rule 12(b)(6) dismissal of a claim for rescission of separation agreement scope of appellate review when Rule 12(b)(6) grounds support a Rule 12(b)(1) dismissal consideration of matters outside pleading

Termination of Parental Rights N.C. Gen. Stat. 7B-1001(a) Review of Permanency Planning Order Willful Abandonment

Involuntary commitment violation of statutory mandate N.C. Gen. Stat. § 122C-266(a)

Private termination of parental rights action insufficient findings of fact

wills, devise, creditor

N.C. Gen. Stat. § 143-300.1 Industrial Commission's jurisdiction to hear negligence claims related to the operation of school buses Tort Claims Act

Cross-examination, Impeachment, Easements

NCGS 7B-2101 motion to suppress guardianship MAR

Constitutional Law, Right to Trial by Jury, Bench Trial, Structural Error, Forfeiture of Counsel, Child Abuse, Murder

Satellite-based monitoring preservation of Grady issue Rule 2

Felony obstruction of justice by a parent

Jury instruction incorrect statement of law element of possession

Standing N.C. State Bar Discipline.

administrative law summary judgment Rule 41(b) involuntary dismissal CAMA

wills and estates pre-marital agreement contract interpretation waiver of spousal elective share judicial notice review of clerk's findings.

Removal of parties from juvenile proceeding N.C. Gen. Stat. § 7B-401.1 Chapter 50 custody order Grandparent custody visitation Best Interest determination.

discipline of state employee unacceptable personal conduct tardiness and absences ALJ review of agency decision just cause for discipline.

Subdivision plat access easement declaratory relief denial of preliminary injunction necessary parties re-hearing interlocutory appeal.

Traffic stop reasonable suspicion officer's testimony during motion to suppress hearing crossing double yellow line on highway

Double Jeopardy, mistrial, ineffective assistance of counsel

Rule 702 Daubert Standard IAC, mistrial NCGS 15A-1222

Order Recusing District Attorney Trial court?s authority to disqualify or recuse a District Attorney

Motion for summary judgment Agency relationship Apparent authority