Conclusions Of Law | North Carolina Lawyers Weekly

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Contract – Findings of Fact – Conclusions of Law – Necessary Party – Competent Evidence – Breach of Contract – Legal Services – Attorney’s Fees

By North Carolina Lawyers Weekly Staff
Published: April 29,2011

Trachtman Law Firm, PLLC v. Csapo. (Lawyers Weekly No. 11-16-0431, 15 pp.) (Rick Elmore, J.) Appealed from Wake County District Court. (Lori Christian, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court did not err by denying the defendant’s motion to dismiss for the plaintiff’s failure to [...]

Workers’ Compensation – Statute of Limitations – Findings of Fact – Conclusions of Law – Causation

By North Carolina Lawyers Weekly Staff
Published: March 2,2011

Busque v. Mid-America Apartment Communities. (Lawyers Weekly No. 11-07-0203, 19 pp.) (John C. Martin, Ch.J.) Appealed from the Industrial Commission. N.C. App. Click here for the full text of the opinion. Holding: Where the Industrial Commission’s findings of fact fully support its conclusion of law that the plaintiff failed to prove by the greater weight [...]

Municipal – Involuntary Annexation – Substantial Compliance – Meaningful Extension of Services – G.S. § 160A-47 – Findings of Fact – Conclusion of Law

By North Carolina Lawyers Weekly Staff
Published: December 15,2010

Gates Four Homeowners Association, Inc. v. City of Fayetteville. (Lawyers Weekly No. 10-16-1188, 16 pp.) (Rick Elmore, J.) Appealed from Cumberland County Superior Court (Richard L. Doughton, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Because the city’s annexation plan substantially complied with the provisions of G.S. § 160A-47 [...]

Criminal Practice – License & Registration Checkpoint – Written Policy – Motion to Suppress – Findings of Fact – Conclusions of Law

By North Carolina Lawyers Weekly Staff
Published: December 15,2010

State v. Butler. (Lawyers Weekly No. 10-16-1197, 8 pp.) (Barbara Jackson, J.) Appealed from Montgomery County Superior Court (Lindsay R. Davis, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Because the trial court’s conclusion of law that the police department did not comply with G.S. § 20-16.3A(a)(2a) by failing [...]

Civil Practice – Summary Judgment – Order – Findings of Fact – Conclusions of Law – Rule 52

By North Carolina Lawyers Weekly Staff
Published: July 25,2010

Hodges v. Moore. (Lawyers Weekly No. 10-07-0664, 3 pp.) (Sanford L. Steelman Jr., J.) Appealed from Forsyth County Superior Court. (Judson D. DeRamus, J.) N.C. App. Holding: A plaintiff trying to pierce the corporate veil in an attempt to recover from an individual corporate shareholder in a dispute over car-customizing work that was paid for [...]

Recent NC Court Opinions

Criminal Practice – Habeas Corpus – Constitutional – Due Process – Liberty Interest – Parole — MAPP Agreement
State v. Leach : Although the defendant-prisoner alleged that his Mutual Agreement Parole Program contract required his release if he complied with the conditions set out in that document, he failed to attach the complete MAPP contract to his habeas application.
Civil Practice – Jury & Jurors – Evidence – Exhibit – Deliberations – G.S. § 1-181.2 — First Impression
Redd v. WilcoHess, L.L.C. In a matter of first impression, we hold that G.S. § 1-181.2 supersedes Nunnery v. Baucom, 135 N.C. App. 556, 521 S.E.2d 479 (1999) on the issue of when a jury can have access to an exhibit during deliberations.
Labor & Employment – Public Employees – Whistleblower Act – County Board of Elections
Johnson v. Forsyth County G.S. Chapter 126, including the N.C. Whistleblower Act, applies only to state employees and the local employees listed in G.S. § 126-5. Since county board of election employees are not included in the § 126-5 list, they are not covered by the Whistleblower Act.

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