273 results for 'court:"North Carolina Court of Appeals"'.
J. Wood finds that the trial court improperly adjudicated defendant delinquent and entered a disposition order related to his alleged crime of injury to personal property because the juvenile court counselor did not approve or sign the juvenile petition, divesting this court of jurisdiction. Reversed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 7, 2024, Case #: COA23-1079, Categories: Jurisdiction, Juvenile Law
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J. Wood finds that the trial court improperly ruled in this child custody complaint because the record does not support the decision that the child's best interests are served by awarding the mother sole custody. Reversed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 7, 2024, Case #: COA23-700, Categories: Family Law
J. Hampson finds that the trial court properly ceased a paternal grandmother's efforts to reunify with her grandchildren following their removal from her care for suspected sexual abuse by the father because evidence indicates the decision served the best interests of the children. Affirmed.
Court: North Carolina Court of Appeals, Judge: Hampson, Filed On: May 7, 2024, Case #: COA23-853, Categories: Family Law
J. Carpenter finds that the trial court properly denied siblings judgment notwithstanding the verdict in this dispute over their parents' estate, and granted a new trial, because evidence did not support the verdict in which the jury determined the parents lacked the mental capacity to create new deeds to the property. Affirmed.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: May 7, 2024, Case #: COA23-927, Categories: Wills / Probate
J. Zachary finds that the trial court properly declined to suppress evidence discovered in defendant's vehicle based on a tip that a handgun had been observed in plain view of a Dodge Charger parked near various nightclubs because the fact that industrial hemp has been legalized did not diminish the significance of the contention that police detected the odor of marijuana while approaching the vehicle. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: April 16, 2024, Case #: COA23-568, Categories: Drug Offender, Firearms, Search
J. Stroud finds that the trial court improperly ruled for the homeowners' association in this dispute over fines assessed for chickens certain homeowners kept on their lot because the court misinterpreted language in the community covenant to exclude chickens as household pets. Reversed.
Court: North Carolina Court of Appeals, Judge: Stroud, Filed On: April 16, 2024, Case #: COA22-919, Categories: Property, Contract
J. Collins finds that the trial court improperly dismissed a farm's motion seeking a writ of certiorari after the city of Greenville granted a special use permit to allow the construction of a firearm range because the city waived the opportunity to claim a procedural defect due to the fact that the farm incorrectly named the city in the complaint. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: April 2, 2024, Case #: COA23-662, Categories: Civil Procedure, Property, Zoning
J. Flood finds that defendant was improperly sentenced for both first-degree kidnapping and sexual offense charges following his conviction for rape of a person 15 years of age or younger because the jury had been instructed that defendant could only be convicted of the kidnapping charge based on sexual offense charges for which he was also convicted, which violated double jeopardy. However, the court properly declined to suppress evidence obtained under warrants in light of probable cause that included the victim's claims that defendant kidnapped her from her parent's home and raped her at his own residence. Meanwhile, the affidavit listed items to be seized, including electronics, which the affidavit linked to the illegal activity. Affirmed in part.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: April 2, 2024, Case #: COA23-832, Categories: Search, Sex Offender, Kidnapping
J. Thompson finds that the trial court properly dismissed breach of contract and negligent misrepresentation claims brought after students were expelled from a private school because enrollment contracts granted the school discretion to terminate enrollment. Affirmed.
Court: North Carolina Court of Appeals, Judge: Thompson, Filed On: April 2, 2024, Case #: COA23-252, Categories: Education, Contract
J. Zachary finds that the trial court properly denied a law firm's motion to compel arbitration in breach of contract claims related to a shareholder agreement because claims brought under the properties and class action agreements were not bound by the arbitration agreement. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: April 2, 2024, Case #: COA23-710, Categories: Arbitration, Contract