North Carolina Lawyers Weekly
Even though a 2004 Georgia court order granted custody of “Scott” to the respondent-mother, (1) Scott had been living in North Carolina since at least 2010 when DSS filed its neglect petition in 2014 and (2) the respondent-parents have not ...
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Domestic Relations – Parent & Child – Subject Matter Jurisdiction – Georgia Custody Order
Civil Practice – Summary Judgment – Verified Answer – Scrivener’s Error – Business Loans 
Where the appellant-defendant’s verified answer denied both accepting business loans from plaintiff and a failure to pay any indebtedness in full, appellant’s apparently inadvertent failure to deny paragraph 17 of the complaint – alleging that defendants repaid certain sums to ...
Read More »Workers’ Compensation – ‘Accident’ – Plaintiff’s Evidence – Cracked Chair & Emergency Button
Where the Industrial Commission determined that the plaintiff-certified nursing assistant had “failed to offer evidence to establish” than an accident occurred when she had to grab and hold a patient to keep him from falling, it appears the Commission failed ...
Read More »Civil Practice – Appeals – Interlocutory – Partial New Trial
Even though G.S. § 7A-27(b)(3) says that an “appeal lies of right directly to the Court of Appeals … from any interlocutory order or judgment of a superior court or district court in a civil action or proceeding that … ...
Read More »Workers’ Compensation – Medical Expert – Legal Opinion – Other Findings – Pre-Existing Condition
Plaintiff complains that, in denying her claim for workers’ compensation benefits, the Industrial Commission cited a doctor’s “legal opinion” that “I would not expect Workman’s Compensation to cover her hip replacement as her avascular necrosis preceded the most recent injury.” ...
Read More »Real Property – Summary Ejectment – Landlord/Tenant Relationship – Security for Loan
Defendant borrowed $800 from plaintiff and gave plaintiff a quitclaim deed to his property as security. Plaintiff recorded the deed one day after defendant’s 47-day repayment period expired. Based on these facts, and given the absence of allegations or evidence ...
Read More »Real Property – UVTA – Badges of Fraud – Buyer’s Explanations – Partnership
When a judgment debtor sold real property to a limited liability company, the debtor did so in violation of the Uniform Voidable Transfers Act; however, since the debtor concealed its fraudulent intent from the LLC, the LLC was a good ...
Read More »Criminal Practice – Second-Degree Murder – DWI – Jury Instruction Request – Misdemeanor Death by Vehicle – Bond Refusal
According to the state’s evidence, after drinking and after the Carolina Panthers had won the NFC championship, defendant drove well over the speed limit on South Boulevard, and he struck and fatally wounded a pedestrian without ever braking. This evidence ...
Read More »Criminal Practice – Jury Selection – One Lawyer Per Pass – Incomplete Questioning – Victim’s Vulnerability
During jury voir dire, the trial court limited the parties to questioning by one attorney per pass. Although one defense attorney started questioning potential jurors before trial adjourned for the day and could not be present the next day of ...
Read More »Criminal Practice – Armed Robbery – Lay Witness – ‘Gang Signs’ – Facebook Photos
Photos from Facebook were admitted as evidence of a conspiracy between defendant and Maurice Woodson. A police detective’s testimony, which spanned 57 pages, included only three mentions that defendant was displaying gang signs in the pictures. Even if the detective’s ...
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