North Carolina Lawyers Weekly

In deciding that DSS could cease its efforts to reunify the respondent-mother and her children, the trial court was not required to recite the language from G.S. § 7B-906(2)(d). Moreover, any deficiency in the findings of the permanency planning order ...

Tagged with: Domestic Relations

Although the respondent-Father made little to no effort to communicate with his children during his periods of incarceration, he did schedule a visit with them shortly after he was released from one such period. Nevertheless, he missed the visit because ...

Tagged with: Domestic Relations

The respondent-mother’s own communications tend to show her knowledge that a no-contact order had expired. Furthermore, the trial court’s unchallenged findings of fact tend to show that respondent (1) made no effort to fulfill any parental duty or responsibility to ...

Tagged with: Domestic Relations

One of respondents’ children, Jill, was alone in a closet when she died of asphyxiation; she had a crayon in her stomach and a suction cup and a decorative rock in her throat. Although the respondent-Father was at home and ...

Tagged with: Domestic Relations

The trial court’s findings show (1) that the respondent-Father wished to remain in contact with his children during the six-month period before the petitioner-Mother filed the petition to terminate his parental rights and (2) that Mother prevented him from doing ...

Tagged with: Domestic Relations

Plaintiff’s notice of appeal does not specifically refer to a filed order; it refers to an oral order made on July 11, 2022, by Judge Steve Warren. A generous reading of plaintiff’s notice of appeal gives us jurisdiction over only ...

Tagged with: Civil Practice

Defendant moved to suppress the evidence seized at the time of his arrest, and the state does not contend defendant’s motion was untimely or procedurally deficient. Consequently, the burden of proof was on the state to demonstrate the admissibility of ...

Tagged with: Criminal Practice

The plaintiff-employers allege that, after she learned she was being laid off, the defendant (now former) employee took plaintiffs’ trade secrets – including some in the form of hard copies – to entice employment offers and financial rewards from plaintiffs’ ...

Tagged with: Tort/Negligence

Respondent is a retailer of Boost Mobile goods and services. During the audit period, respondent failed to collect sales tax on Boost’s “Real Time Replenishments” (RTRs). Even though the RTRs may be redeemed on a variety of goods and services ...

Tagged with: Taxation

The parties have forecasted conflicting evidence as to whether the plaintiff-insured attempted to have the defendant-insurers pay, not solely for the damage that fire caused to plaintiff’s facility, but also for plaintiff’s expansion of the facility. Plaintiff is not entitled ...

Tagged with: Insurance