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

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

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

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.

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

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

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)

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

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

Full Faith and Credit service of process default judgment foreign jurisdiction

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

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

Professional Negligence Surveyors Duty of Care

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

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