Volume 263 — North Carolina Court of Appeals Reports

Location of boundary line- issue of fact right to jury trial interlocutory appeal- substantial right Rule 60 motion for reconsideration lack of notice motion in limine surveyor's opinion, survey standards

Summary Judgment, Burden of Production, Rule 56(c), Rule 56(e)

Deed of trust, construction and interpretation, question of law, property description, reformation

public figure defamation

alimony, marital fault, condonation, provocaton

Rule 60(b) UIFSA registering, enforcing, and contesting a foreign child support order affidavits notice of hearing to contest a foreign support order

condominium termination breach of fiduciary duty veil piercing breach of contract unfair trade practices statutory obligations motion to dismiss

termination of parental rights willful abandonment neglect by abandonment public policy

Summary Judgment Deed of Trust Legal Description Quiet Title Reformation N.C. Gen. Stat. § 41-10 Statute of Limitations Lien

child custody modification substantial change in circumstances

civil contempt child support compliance arrears

interlocutory arbitration

Post-conviction DNA Testing Materiality Inventory of Biological Evidence

Self-defense defense of habitation assault with a deadly weapon inflicting serious injury warning shot no intent to kill.

Actual child victim not required to sustain an attempt conviction for taking indecent liberties with a child motions to dismiss charges of indecent liberties and of child solicitation by computer for insufficiency of evidence that the defendant believed an adult undercover office posing as a minor was actually an underage female alleged improper prosecutorial questioning satellite-based monitoring (SBM)

First-degree murder instruction on lesser-included offenses relevance closing arguments expert testimony

Motion for appropriate relief (MAR) ineffective assistance of counsel (IAC) successive or simultaneous representation of clients alleged dual-representation conflicts.

pretrial identification, expert testimony, substitute expert

Eighth Amendment N.C. Const. Art. I, § 27 gross disproportionality N.C. Gen. Stat. § 15A-1340.19B(a)(1) Miller v. Alabama ex post facto law

Case description: Statutory Sex Offense Indictment Facially Defective N.C. Gen. Stat. § 15-144.2 Identify Victim

constructive possession driver of a vehicle jury instructions sufficiency of evidence

Alimony inputed income, bad faith, ability to pay, part-time job reasonable expenses.

Reconciliation of Chapters 28A and 50 jurisdiction over equitable distribution action following former spouse's death N.C. Gen. Stat. 1A-1, Rule 12(b)(1)

Equitable distribution of survivor benefit plan (SBP) annuities to former spouse requirements for deemed election 10 U.S.C. 1448

Governmental injury waiver-insurance ambiguous terms summary judgment general liability policy

Liability insurance Duty to Defend Proximate Cause Bodily Injury

Restrictive Covenant Negative Covenant Affirmative Covenant Real Property Deeds Ambiguity

Declaratory Judgment Restrictive covenants General scheme of development Radical changes to covenanted area Waiver of right to enforce covenants

juvenile delinquency mandatory referral to area mental health services director when trial court presented with evidence that juvenile is mentally ill

Parental rights termination domestic violence DVPO abandonment willfulness child support notice

Wills, property rights, life estate, remaindermen, timber rights, trover, indemnity

Full Faith and Credit service of process default judgment foreign jurisdiction

Vouching Credibility Invited Error Ineffective Assistance of Counsel Motion for Appropriate Relief Cross-Examination Sexual Abuse Expert Trial Counsel Appellate Counsel

Conflicting Court of Appeals Precedent In re Civil Penalty Authority of Court of Appeals Panels to Overrule Earlier Panel Decisions

aggravated sentencing aggravating factor Blakely v. Washington harmless error

Robbery Robbery with a Dangerous Weapon Motion to Suppress Pre-trial Identification Show-up Sixth Amendment Impermissibly Suggestive

guilty plea Anders brief civil judgment for attorney's fees and costs

motion to dismiss disseminating obscene material to a minor unanimous jury verdict indecent liberties first-degree statutory rape of a child reconsideration of decision not to testify

Workers? compensation, jurisdiction, interlocutory, transformation of 12(b)(6) into summary judgment, lent employee doctrine, no genuine issue of fact

juvenile, mootness, dismissed as moot

entry of default specific performance

Professional Negligence Surveyors Duty of Care

60(b)(6), subordinate tribunals may not overrule higher tribunals

Abatement Subject-Matter Jurisdiction Child Custody Grandparent Custody/Visitation

Equitable distribution Painter Watson Claim

Motion for Appropriate Relief Bill of Information Waiver of Indictment Jurisdiction

Motion to dismiss N.C. Gen. Stat. § 20-138.1(a)(1) N.C. Gen. Stat. § 20-141.4 prescription drugs driving while impaired closing argument

Motion to dismiss, sexual offense in a parental role, parent-child relationship, pro se motion for speedy trial, motion for mistrial, satellite-based monitoring determination.