North Carolina Lawyers Weekly

Where (1) both parents had substance abuse issues; (2) during much of “Fiona’s” life, the respondent-father was in a residential treatment program; (3) respondent’s paternity of Fiona was not established for some time; (3) the petitioner-mother did not seek child ...

Tagged with: Domestic Relations

Even though the trial court erred in finding no evidence that the respondent-Mother had participated in a mental health assessment, the record does support the trial court’s finding that there was no evidence that Mother had complied with the recommendations ...

Tagged with: Domestic Relations

Although the trial court granted summary judgment for the defendant-hearing aid sellers on plaintiff’s claim of breach of the warranty of merchantability, since defendants’ counterclaims for fraud, unfair trade practices and breach of contract remain pending, the summary judgment order ...

Tagged with: Civil Practice

Defendant’s conviction for attempted murder was reversed on appeal. He argues that the constitutional ban on double jeopardy protects him from prosecution for the acts underlying the attempted murder charge. However, United States v. Dixon, 509 U.S. 688 (1993), rejected ...

Tagged with: Criminal Practice

Although physical injury is an element of assault by strangulation under G.S. § 14-32.4(b), the statute does not define “physical injury.” Dictionaries define injury as “hurt, damage or loss” and define physical as “of or relating to the body,” so ...

Tagged with: Criminal Practice

Nine days after a magistrate granted summary ejectment to the plaintiff-landlord, the defendant-tenant filed a notice of appeal to district court; however, the tenant failed to sign and date the “Certificate of Service” attached to the back of the notice ...

Tagged with: Civil Practice

Even though there was a prior action pending in Franklin County concerning custody of the parties’ eldest child, the parties’ two younger children were not even born when the Franklin County action was commenced. Children are considered individually, and the ...

Tagged with: Domestic Relations

Petitioner kept ten potbellied pigs as pets, but the “Limited Agriculture” provision of the respondent-town’s zoning ordinance, which applies to petitioner’s residential property, prohibits the keeping of “livestock such as . . . swine. . . .” Although petitioner may ...

Tagged with: Municipal

Two years after the removal of her children from her care, the respondent-mother obtained her own housing. However, respondent made no progress on breaking her pattern of returning to her relationship with an abuser. Consequently, the trial court could find ...

Tagged with: Domestic Relations

Where the notice of appeal in this juvenile neglect case was signed, not by the respondent-Mother herself, but by her guardian ad litem, the appeal is not properly before us. Appeal dismissed. Petition for writ of certiorari denied. In both ...

Tagged with: Domestic Relations