Volume 261 — North Carolina Court of Appeals Reports

Judicial dissolution, abuse of discretion, Meiselman v. Meiselman factors, NCGS 55-14-30

Appellate Procedure Rule 3(c) Civil Procedure Rules 59 and 60(b) Postjudgment motion to amend filed under Rule 59 did not toll the thirty-day limitation for taking appeal

modification of custody order, substantial change of circumstances, best interest of the children

Joinder of Necessary Parties N.C.G.S. § 20-75.1 Declaratory Judgment Act Standing

Sexual Act Pattern Jury Instruction Relevancy

Superior court's subject-matter jurisdiction over misdemeanor charge of stalking Rules of Evidence 401, 403, and 404(b) motion to dismiss

Writ of certiorari exercise of discretion standard of review secured bond- required findings, NCGS 15A-534 driving while impaired-right to witnesses, NCGS 20-38.4.

Guilty plea restitution restitution invalidly ordered as to victims of unconvicted crime, stipulation as to invalid restitution does not warrant setting aside entire plea agreement

nullum tempus governmental function proprietary function maintenance of city sewer system statute of limitation

equitable distribution order unequal distribution of marital property classification valuation

Attorneys? fees in disciplinary actions by a licensing board Statutory interpretation of N.C. Gen. Stat. § 6-19.1

NC Const. Article IX, Section 7 Civil Penalty and Forfeiture Fund summary judgment- de novo review standing settlement agreement by Attorney General method of calculating penalties.

Rule 12(b)(6) motion to dismiss - strict liability ultrahazardous activity claim

Equitable Distribution

Termination of Parental Rights

Industrial Commission Tort Claims Act contributory negligence

Summary judgment, appellate jurisdiction, commercial property, foreclosure, investment, securities, settlement agreements

Transfer by deed TIC like-kind exchange NC Securities Act (NCGS 78A-1, et seq.): primary liability, secondary liability, material aid, justifiable reliance summary judgment, common law fraud and misrepresentation.

Motion to Dismiss Subject-Matter Jurisdiction Workers' Compensation Act Malicious Prosecution Privity Unfair and Deceptive Trade Practices

Self defense, NCGS 14-51.3 duty to retreat, deadly force, required jury instruction light most favorable to defendant.

bond forfeiture petition for remission electronic-monitoring device N.C. Gen. Stat. § 15A-544.8 extraordinary circumstances plain language of statute reversed

Motion to suppress, warrantless vehicle search-narcotics, probable cause-totality of the circumstances, confidential informant, open air dog sniff-failure to preserve.

Unlawfully accessing a government computer obtaining property by false pretensesselective prosecution.

Summary judgment on claims for breach of contract, breach, rescission, unfair and deceptive trade practices, civil conspiracy, and punitive damages arising out of sale of internet sweepstakes business N.C. Gen. Stat. 14-306.4

Final decision, Administrative Law Judge Hearsay, Business Records Exception

Statute of frauds, deed, will parol evidence, Equitable remedy, Contract

motion for summary judgement motion for summary judgment denied for failure to include a copy of the order denying summary judgment in the record on appeal

Administrative Procedures Act Rule Making Exemption N.C.G.S. Sec. 135-5(a3) Teachers' and State Employees' Retirement System State Agency Adoption of Rules and Regulations

Post-Judgment Receivership, Unliquidated Legal Claims, Insurer's Bad Faith, Insolvent Judgment-Debtor, Equity

Self-incrimination Juvenile Adjudication Reversible Error

Summary judgment de novo review reformation of deed of trust, missing legal description ten year statute of limitations NCGS 1-47(2) note holder's standing to enforce deed of trust unclean hands statute of frauds, NCGS 22-5.

Child Custody UCCJEA Jurisdiction Grandparent Choice of Law Full Faith and Credit Modification N.C.G.S. Sec. 50A-203 Jurisdiction After Appeal Rule 59 Motion for New Trial

North Carolina Human Resources Act N.C. Gen. Stat. ? 126-35(a) Just cause to dismiss career State employee Specificity of allegations in employee dismissal letter

Child custody denial of motion to exclude expert testimony and report of consented to and court-appointed forensic custody evaluator temporary suspension of parent's visitation rights pursuant to N.C. Gen. Stat. 50-13.5(I)

cross examination Rule 106 Rule 611 motion for appropriate relief aggravating factors

First Degree Murder Life Imprisonment Without Parole.

motion to dismiss substantial evidence sufficiency of evidence sufficiency of the evidence based on circumstantial evidence felony murder

First Degree Rape, Motion to Dismiss, Satellite-Based Monitoring

life in prison without parole for juvenile offenders State v. James

Summary Judgment Express and Implied Easement Claims Right of Way Prescriptive Easement Injunctive Relief

Custody Standing as an other person pursuant to N.C. Gen. Stat. 50-13.1 Subject matter jurisdiction

Rule 9(j) certification Medical malpractice Expert witness

civil contempt custody visitation best interest

alimony, child support, attorney fees, imputing income

non-judicial foreclosure power of sale holder of note enforcement of lost instrument

Termination of Parental Rights.

Termination of Parental Rights.

no error in the trial court's admission of hearsay no fatal variance between indictment for trafficking opium by possession and the State's evidence no error in the trial court's failure to instruct the jury on the statutory ultimate user exemption and ineffective assistance of counsel

Motion to Suppress Findings of Fact and Conclusions of Law Rule 404 Evidence

embezzlement entrustment possession control

Set aside bond forfeiture statutory factors burden on surety judicial notice motion to amend abuse of discretion.

Ineffective assistance of counsel failure to correct inaccuracies in witness testimony and prosecutor's closing argument N.C. Gen. Stat. 15A-1052(c) and 15A-1054 failure to preserve constitutional issue for appellate review.

Possession of heroin motion to dismiss for insufficient evidence requirement of scientifically valid chemical analysis to identify controlled substance exception where defendant makes statement identifying controlled substance

Post-Conviction DNA Testing.

Assault with a deadly weapon with intent to kill inflicting serious injury reliability of eye witness identification jailhouse telephone conversation Rule of Completeness Confrontation Clause failure to preserve.

Narrative Improper closing argument

Extraterritorial jurisdiction

Just cause Whole Record Test Unacceptable Personal Conduct