North Carolina Lawyers Weekly

Where the parties had no binding loan agreement, the defendant-bank is not liable for failing to tell the plaintiff-borrower how much of an equity injection would result in loan approval. The court declines to address whether a claim for breach ...

Tagged with: Banks & Banking

The undisputed record shows that the respondent-mother was aware that “Ellie” was removed from her care because of Ellie’s failure to thrive, missing doctor’s appointments and being late for surgeries. Thus, even if the trial court never explicitly ordered respondent ...

Tagged with: Domestic Relations

After the respondent-mother failed to appear at the hearing on DSS’s petition to terminate her parental rights, and after the trial court denied respondent’s counsel’s motion to continue the hearing for a second time, the trial court allowed counsel’s motion ...

Tagged with: Domestic Relations

Where the respondent-mother failed to provide any reason to justify a continuance of the hearing on the petition to terminate her parental rights, either at the hearing or on appeal, the trial court did not abuse its discretion in denying ...

Tagged with: Domestic Relations

Defendant-driver Severino Ramirez admitted in his deposition testimony that, when he approached the stop sign at the intersection of NC Highway 24 and Blake Street, plaintiff – who was traveling on NC 24 – had the right of way. Yet ...

Tagged with: Tort-Negligence

In 2009, defendant consented to a domestic violence protective order; now, he seeks a declaration that the consent DVPO was void. Plaintiff’s allegations that defendant threatened to punch and kill her were pending when the consent DVPO was entered, so ...

Tagged with: Domestic Relations

In support of its award of custody to the defendant-Father, all the trial court found was that there had been a domestic violence protective order taken out against the plaintiff-Mother and that she was living with her own mother. These ...

Tagged with: Domestic Relations

Where defendant pled guilty to second-degree rape, he is an aggravated offender with a diminished expectation of privacy. Considering the reasonableness of the search (i.e., lifetime satellite-based monitoring, or SBM) by balancing the relevant factors and examining the totality of ...

Tagged with: Criminal Practice

Where (1) defendant admitted that he used marijuana but testified that he had nothing to do with methamphetamine and only sold some because his childhood friend, Kimberly (who, unbeknownst to defendant, was acting as a confidential informant for law enforcement), ...

Tagged with: Criminal Practice

Where the victim was a nonverbal, immobile late-stage Alzheimer’s patient, the defendant-certified nursing assistant used constructive force when he engaged in vaginal intercourse with the victim. Constructive force is demonstrated by proof of threats or other actions by the defendant ...

Tagged with: Criminal Practice