The plaintiff-town disagreed with the trial court’s ruling that its condemnation of defendant’s land was for a private purpose, so the town filed a motion under N.C. R. Civ. P. 59, seeking the trial court’s consideration of evidence that had ...

Tagged with: appeals

As a result of a recording malfunction, there is a 98-minute gap in defendant’s trial transcript. Despite appellate counsel’s efforts – attempting to contact the trial judge, repeatedly attempting to contact trial counsel and the court reporter, and speaking to ...

Tagged with: appeals

Plaintiff alleges negligent entrustment against both a car dealership and the purchaser of a car whose driver caused an accident that resulted in the death of plaintiff’s decedent. Nevertheless, she has not shown that she is entitled to an immediate ...

Tagged with: appeals

An order for a stay pending appeal found that defendant had posted a $30,000 bond, but the order only required defendant to pay rents collected from the disputed properties to the clerk of court. Therefore, after plaintiffs succeeded on appeal, ...

Tagged with: appeals

An attorney instructed her paralegal to hand-deliver and file notices of appeal with the Property Tax Commission and to mail copies to the county revenue director and the county attorney; nevertheless the paralegal mistakenly hand-delivered, filed and mailed the papers ...

Tagged with: appeals

In the same order, the trial court denied plaintiffs’ motion for a stay and granted defendants’ motion to dismiss. Since plaintiffs’ motion under N.C. R. Civ. P. 59 only sought relief from the trial court’s denial of their motion for ...

Tagged with: appeals

Defendant gave oral notice – but not the required written notice – that he wished to appeal the trial court’s satellite-based monitoring (SBM) order. In the past, this court has issued a writ of certiorari to hear SBM appeals; however, ...

Tagged with: appeals

On a prior appeal, we held that the trial court did not abuse its discretion by granting defendant a distributive award; nevertheless, that award was based on a net valuation that was altered by our directives in that appeal. Since ...

Tagged with: appeals

Where G.S. §§ 7A-29(a) and 126-34.02(a) provided petitioner a legally sufficient method for obtaining judicial review of the administrative law judge’s decision – by direct appeal to this court – the plain language of G.S. § 150B-43 prohibited petitioner from ...

Tagged with: appeals

Appeals from the Business Court must be taken to the N.C. Supreme Court, yet plaintiff’s notice of appeal designated the N.C. Court of Appeals rather than the Supreme Court. Even though this court’s judgment addressed significant issues that would present ...

Tagged with: appeals