Future mortgage-interest damages recoverable after delayed home closing
The North Carolina Court of Appeals held that homebuyers may recover damages tied to increased mortgage costs caused by a delayed real estate closing and that future interest losses were […]
Domestic Relations – Child Custody – Parent Relocating to Foreign Jurisdiction
The permanent child custody order failed to resolve key disputed issues and did not contain sufficient findings to demonstrate that the decision served the child’s best interests. We vacated and […]
Domestic Relations – Temporary Child Support Order vs. Permanent Child Support Order – Prior ‘Closed’ Docket Entries
The trial court wrongly treated prior temporary child support orders as permanent and failed to relate support back to the 2020 filing date without findings but properly relied on the […]
Criminal Practice – Automobile Exception – Warrantless Search
Although the search violated the Fourth Amendment, the exclusionary rule did not apply because the trooper acted with probable cause and in good faith. We affirmed the trial court’s denial […]
Criminal Practice – Distinguishing Presentment and Indictment – Fatal Variance
The Superior Court had jurisdiction based on a grand jury presentment followed by indictment and the State did not need to prove Defendant intentionally left his lane where his speeding […]
Tort/Negligence – Dental Malpractice – Lack of Proximate Cause
Plaintiff failed to forecast competent expert evidence establishing that any alleged breach of the standard of care proximately caused a delayed cancer diagnosis or worsened outcome. We affirmed summary judgment […]
Domestic Relations – Servicemembers Civil Relief Act – Custody Modification
We held for the first time in North Carolina that the Servicemembers Civil Relief Act required a mandatory stay when Father was unavailable due to military service. We reversed the […]
Domestic Relations – Equitable Distribution – Divisible Property
The trial court erred by failing to properly address and value the post-separation passive appreciation of a marital stock account. We vacated and remanded an equitable distribution order for the […]
Arbitration – Motion to Compel Arbitration – Contract Interpretation
The contract’s arbitration clause applied only to disputes seeking specific performance, not Plaintiff’s damages claim, and because Defendant failed to respond to requests for admissions admitting breach and damages, summary […]
Collateral estoppel bars renewed negligent credentialing claims
The North Carolina Court of Appeals held that collateral estoppel barred plaintiffs from relitigating negligence claims against a hospital system over surgeries performed by a neurosurgeon because the same […]
Prior consensual misconduct by officers not enough to put town on notice of sexual assault risk
The town of Sunset Beach could not be held liable under 42 U.S.C. §1983 for alleged sexual assaults committed by one of its police officers because there was insufficient evidence […]
Evidence of undue influence required jury review in will dispute
The North Carolina Court of Appeals held that a trial court erred by granting a directed verdict for the propounder in a will caveat because the caveators presented […]
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