North Carolina Lawyers Weekly

  After the minor child “Nancy’s” father died, Nancy’s paternal grandparents initiated a custody action against Nancy’s mother, and the grandparents were awarded custody. Even though the mother later died, that action did not abate. Rather than filing a new ...

Although the plaintiff-appellant’s violations of the North Carolina Rules of Appellate Procedure were non-jurisdictional, the violations were numerous and so substantial that they impaired our ability to conduct meaningful appellate review. Appeal dismissed. Plaintiff’s appeal violates at least eight mandatory ...

Despite a recent U.S. Supreme Court decision that plaintiff claims changed the law under which his case was decided, once the North Carolina Supreme Court upheld summary judgment for defendants, plaintiff’s case was over, and the trial court had no ...

As a matter of first impression, the court determines that a surveyor does not owe a duty of care to landowners who are not in privity with the surveyor and who do not rely on the survey. We affirm the ...

The parties’ separation agreement required the defendant-husband to pay an increased amount of alimony until the mortgage on the marital home was paid off; the trial court did not abuse its discretion by concluding that defendant was not relieved of ...

Respondent appeals the revocation of his juvenile probation based on the district court’s refusal to grant a motion to continue; however, after the briefing period in this appeal, respondent turned 18. He did not file a supplemental brief addressing mootness ...

  The defendant-father’s visitation rights were terminated because of, inter alia, his drug use and anger issues. In unchallenged findings of fact, the trial court found that the father (1) had completed the DART program and taken educational classes; (2) ...

In this murder case, defendant asked the trial court for a special instruction concerning the testimony of a jailhouse informant, including an instruction that the witness hoped the prosecutor would recommend a charge reduction. The trial court did not err ...

A will granted a life estate in a tract of real property to the testator’s children and a remainder interest to the testator’s grandchildren. The will also granted to the life tenants the right to sell any timber with a ...

Under Pennsylvania law, when attempted service of process upon the North Carolina defendant by certified mail went unclaimed, plaintiff was not entitled to serve process via regular mail to the same address. Since plaintiff’s attempted service of process did not ...