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North Carolina Appellate Blog 
Highlights developments in the appellate courts that affect business interests in North Carolina.
Post Frequency: 5.9/day Last Entry: March 19, 2016 at 15:47:00 Recent Entries: 445
By Sean E. Andrussier
Go to North Carolina Appellate Blog, find other Appellate Law blogs, or browse all law blogs.
Today at the Supreme Court
Posted on November 16, 2010Today, Tuesday, November 16, 2010, the Supreme Court is scheduled to hear oral argument in three cases:State v. Neil Matthew SargeantWhether the trial court erred by taking verdicts on two theories as to the charge of first degree murder while the jury continued deliberations on a third...
Court of Appeals Opinions
Posted on November 16, 2010Today the North Carolina Court of Appeals issued 17 opinions. We will have more on any noteworthy cases later.The next release date for Court of Appeals' opinions is December7, 2010.
Today at the Supreme Court
Posted on November 15, 2010Today, November 15, 2010, the North Carolina Supreme Court will hear oral arguments in three cases:Morris Communications Corp. v. City of Bessemer City Zoning Board ? Whether a reviewing court should accord deference to a zoning board's interpretation of a city's zoning ordinance or should review the interpretation de novo; andWhether the Court of Appeals erred in concluding that the Petitioner's zoning permit expired when the work authorized by the permit commenced within six months from the date of issuanceWilson v...
NC Appellate Gets National Attention for Judicial Election Results
Posted on November 09, 2010National Review magazine?s popular online edition linked to this blog for results of last week?s judicial election results. One North Carolina Supreme Court seat and five Court of Appeals seats were decided in the elections. Womble Carlyle attorney Bob Numbers provided in-depth coverage of the judicial elections...
Supreme Court Opinions
Posted on November 08, 2010On Friday, November 5, 2010, the North Carolina Supreme Court issued two opinions.In Kinlaw v. Harris, a divided Supreme Court affirmed and reversed an opinion from a divided Court of Appeals. Justice Newby, writing for a four justice majority, held that trial courts could determine on a case-by-case basis whether to allow a judgment debtor to exempt funds withdrawn from the debtor's individual retirement account ("IRA") from execution by creditors...
Articles Regarding Judicial Elections
Posted on November 05, 2010Here are a few articles, editorials, and posts regarding North Carolina's Judicial Elections:Rob Richie of The Center for Voting and Democracy published a piece titled "North Carolina uses Instant Runoff Voting for state, county-wide elections"The Raleigh News & Observer Editorial Board opined that "[v]oters made a good case on Election Day that they're up to the job of electing appellate judges...
Judicial Election Results
Posted on November 03, 2010One seat on the North Carolina Supreme Court and five seats on the North Carolina Court of Appeals were up for grabs in yesterday's election. In the race to replace retiring Supreme Court Justice Edward Brady, North Carolina Court of Appeals Judge Barbara Jackson prevailed over her colleague Robert C...
COA Opinions
Posted on November 02, 2010The Court of Appeals issued 18 opinions today. The next release date for Court of Appeals Opinions is November 16, 2010.
COA Opinions
Posted on October 19, 2010Today the Court of Appeals issued 14 opinions. Most of the opinions appear to be criminal in nature, but if there any opinions of note, we will let you know. The Court of Appeals' next opinion release date is November 2, 2010.
COA: Right to Representation by Out of State Counsel Is Not A Substantial Right
Posted on October 19, 2010Today the COA held that a denial of appellant's request to be represented by out-of-state counsel does not affect a substantial right and thus an interlocutory appeal of such a denial is not allowable. The case is Dance v. Manning. Dance brought claims against Defendants related to her alleged wrongful discharge from the Pitt County Sheriff's Department...
COA: Corporate Agent Can Invoke Arbitration Agreement Between Corporation and Plaintiff
Posted on October 19, 2010Today the COA held that an agent of a corporation can invoke an arbitration agreement in a lawsuit against him in his individual capacity, even though he was not a party to the agreement. The case is Ellison v. Alexander. Plaintiffs claimed that Defendant was the CEO and director of a company known as The Elevator Channel, and that he induced them to invest in that company by misrepresenting certain material facts about his personal background (his education, experience, etc) and other matters...
Supreme Court Cases
Posted on October 08, 2010Today the North Carolina Supreme Court issued 17 opinions and issued rulings in a variety of other matters. The next anticipated petition release date for the Supreme Court is November 5, 2010.
Court of Appeals Opinions
Posted on October 06, 2010Yesterday the North Carolina Court of Appeals published fourteen opinions. The Court of Appeals will next release opinions on October 19, 2010. The Supreme Court is expected to release opinions this Friday.
Inconspicuous Cognovit Warning Precludes Enforcement of Foreign Judgment
Posted on October 06, 2010In Gardner v. Tallmadge, a divided panel of the Court of Appeals determined that a foreign judgment could not be enforced in North Carolina because - in the majority's opinion - the Ohio court that originally issued the judgement lacked the necessary subject matter jurisdiction to do so...
COA Opinions
Posted on September 21, 2010The North Carolina Court of Appeals issued 11 opinions this morning. At first glance it does not appear that any of the opinions are related to the focus of this blog, but if, upon further review, we find something interesting, we will let you know.
H-P Sues Former CEO on Inevitable Disclosure Premise
Posted on September 09, 2010We've been on vacation and, of course, the wires have been buzzing with news of H-P suing its former CEO, Mark Hurd, upon learning of his future employment with Oracle. We don't need to go into the details - this is the inevitable disclosure doctrine at work...
COA Opinions
Posted on September 08, 2010The Court of Appeals returned from the Labor Day holiday with 27 opinions for us. We will have more on these opinions later.
COA: No Minimum Contacts Where Defendant's Only Contacts Were Attempts to Resolve the Matter
Posted on September 08, 2010Yesterday the COA held that, due in part to NC's public policy favoring settlement, minimum contacts have not been established where Plaintiff's first and only contacts with the State were attempts to resolve the case before a Conplaint was filed. The case is Smith Architectural Metals v...
13 Candidates for Wynn Seat
Posted on September 01, 2010As readers of this blog know, Judge Jim Wynn was recently confirmed to the Fourth Circuit Court of Appeals. Judge Wynn's confirmation to the Fourth Circuit created an opening on the North Carolina Court of Appeals. Because this opening occurred more than 60 days before the date of the general election, the North Carolina Constitution requires that the Wynn Seat be placed on the ballot for the November election...
New NC Supreme Court Opinions
Posted on August 27, 2010The NC Supreme Court handed down seven opinions today, five of them criminal. More on one of these cases shortly.
NC Supreme Court: Right to Non-Mandatory Appeals From Previous Orders In A Case Not Waived Until After A Final Judgment Is Entered
Posted on August 27, 2010Today the Supreme Court of North Carolina held that a party does not waive its right to appeal orders entered prior to a final order in a matter, as long as an immediate appeal from the prior orders was not mandatory. The case is Stanford v. Paris. This case involved construction of a will and multiple plaintiffs and defendants...
COA Opinions
Posted on August 17, 2010Today the Court of Appeals released 26 opinions. More on any cases of interest later.
COA: Expert Witness Costs May Only Be Awarded If the Expert Was Under Subpoena (But Language in Scheduling Order Could Waive This Requirement)
Posted on August 17, 2010Today the COA held that in order to recover expert witness costs, the expert witness must be under subpeona. However, the Court indicated that this requirement could be waived by contrary language in a discovery scheduling order (IF the party contesting the subpoena requirement properly preserves that argument for appeal!)...
Wynn Confirmed to 4th Circuit
Posted on August 06, 2010NC now has its second 4th circuit judge; read more here.
COA Opinions
Posted on August 03, 2010The Court of Appeals published 26 opinions today. More on these cases later.
COA: Order Returning Inadvertently Disclosed Discovery Documents Does Not Affect A Substantial Right
Posted on August 03, 2010Today the COA held that an appeal from an order returning inadvertently disclosed discovery documents that contained only conclusory unsupported opinions by a professor was interlocutory and should be dismissed. The case is Harbour Point Homeowners' Association v...
Wynn And Diaz Nominations Stuck In Senate
Posted on July 21, 2010NC's 2 nominees to the 4th Circuit are still stuck in the Senate; to read more, click here.
Quick Notes on a Few Cases
Posted on July 20, 2010Here are some quick notes on a few of today?s opinionsHodges v. MooreAfter the trial court granted the defendant?s motion for summary judgment, the plaintiff requested that the trial court make findings of fact and conclusions of law regarding its ruling...
New COA Cases Today
Posted on July 20, 2010The Court of Appeals published 39 opinions today. More on these cases later.
COA: Arbitration Award Settling Dispute Between Insurers Does Not Bar Action By an Insured Who Was Not Involved In the Arbitration
Posted on July 20, 2010Today the COA held that an prior arbitration award concluding that an insured was not negligent did not preclude Plaintiff's negligence action where the arbitration was between two insurance companies and Plaintiff was not involved in the arbitration...
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Can a city library prevent you from using thier facilities based on a school district being from another city reaching into your city?
that seems a little ridiculous that they would do that. libraries are supposed t...
Why long term care insurance cost varies in states?
The varying costs of long term care insurance is due to the location of the faci...
How Would The American Government Respond To Starting an Autonomous Anarchist Commune?
See historic examples such as Waco, Texas:
http://en.wikipedia.org/wiki/Br...
Do you in the state of South Carolina have to go to an attorney to have a will drawn up or can you do one up yourself on the computer and bring it in to a notary?
Although in most states there is generally no legal requirement that a will be d...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
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