North Carolina Lawyers Weekly

Where the state alleged that defendant had absconded probation supervision by failing to report as directed by his probation officer, failing to return the officer’s phone calls, and failing to provide the officer with a certifiable address, and where the ...

Faced with evidence of the plaintiff-mother’s dysfunctional relationship with her parents, the trial court should have made, but did not make, findings as to more of the factors set out in Ramirez-Barker v. Barker, 107 N.C. App. 71, 418 S.E.2d ...

  Even though evidence of respondent’s mental illness and involuntary commitment history show that she had been a danger to herself in the past, since her doctor’s testimony shows that, as of the hearing date, respondent was stabilized, medicated and ...

Under G.S. § 122C-271, whether a trial court orders inpatient treatment, outpatient treatment, or a combination of both, the maximum commitment period cannot exceed 90 days. Therefore, the trial court’s commitment of respondent to 30 days of inpatient treatment and ...

  While respondent’s appeal of the trial court’s permanency planning order was pending, respondent’s daughter reached the age of 18, rendering this appeal moot. Even though the order includes a finding of fact that respondent failed to address his ongoing ...

The trial court noted that the respondent-mother had indicated she “is of Cherokee ancestry, but did not know a specific tribe,” and the record shows that DSS sent notice to the Cherokee Nation and Eastern Band of Cherokee Indians. However, ...

  Although the North Carolina Wage and Hour Act does not define “unpaid amounts,” its definition of “wage” and other provisions lead the court to the conclusion that liquidated damages under the NCWHA are properly awarded based upon the employee’s ...

  Where the parties’ homeowner’s insurance policy said no suit could be filed unless there had been full compliance with § 1 of the policy, and where § 1 allowed either party to demand an appraisal, the trial court properly ...

  At a trial to determine who was entitled to the retirement accounts of decedent Gary Law, the parties stipulated that Law’s broker never received a directive to substitute anyone else for his designated beneficiary: plaintiff, Law’s ex-wife. Although a ...

The plaintiff-buyers’ forecast of evidence indicated that the defendant-seller knew about moisture-intrusion damage to their house, paid a painter to paint over the damage, and failed to reveal the damage to plaintiffs; moreover, there was evidence that the seller’s real ...