North Carolina Lawyers Weekly

N.C. R. App. P. 3.1(d) includes most of the steps in an Anders no-merit review but stops short of counsel’s motion to withdraw and the court’s independent review of the record; consequently, when counsel files a no-merit brief but the ...

Where (1) plaintiff’s notice of appeal was improperly served via email, (2) the record on appeal does not include a certificate of service of the notice of appeal, and (3) the notice of appeal failed to designate the court to ...

Where plaintiff acknowledged that defendant was solely responsible for the mortgage on the former marital residence, had maintained and improved the property since the parties’ separation, and the property had diminished in value and would be difficult to sell, the ...

Where defendant’s only connection to plaintiff’s chosen venue was the location of plaintiff’s attorney, the trial court erroneously denied defendant’s motion to change venue We reverse the denial of defendant’s motion to change venue. Plaintiff filed suit against defendant in ...

Because an order granting partial summary judgment due to the statute of limitations was not immediately appealable, an interlocutory appeal was dismissed for lack of appellate jurisdiction We dismiss defendants’ appeal for lack of jurisdiction. Plaintiff was a homeowners’ association ...

 Trial court was not required to find “bad faith” by parent where it did not impute income to parent but instead treated substantial, recurring gifts from parent’s parents as income to parent. We find no abuse of discretion by the ...

LLCs’ principals did not mislead their contractor as to the LLCs’ financial condition, had sufficiently capitalized the business, and did not mislead as to the party the contractor was dealing with; thus there was no basis to warrant piercing the ...

After defendant requested a limiting instruction on evidence of his prior weapons possession charge, the trial court correctly advised the jury it could only consider such evidence to establish knowledge and opportunity. We find no plain or prejudicial error in ...

Prior bad acts evidence that defendant allegedly passed checks made out to the same individual as the checks in the charged offense was admissible to prove knowledge and common scheme; any error was harmless in light of video evidence showing ...

Regardless of the trial court’s admission of prior inconsistent statements by a prosecution witness – defendant’s girlfriend – the state presented substantial evidence of defendant’s possession of firearms via the testimony of the arresting officers. We find no plain or ...