Domestic Relations – Parent & Child – Custody & Visitation – Grandparents – Standing
Rodriguez v. Rodriguez. (Lawyers Weekly No. 11-07-0409, 25 pp.) (Donna S. Stroud, J.) (Wanda G. Bryant, J., concurring in part & dissenting in part) Appealed from Brunswick County District Court. […]
Wilmington Bypass taking nets $3.2M for landowners
The Department of Transportation took 23 acres of the Sellerses’ family farm, which was located on U.S. 17 (the Ocean Highway) near Leland, for the construction of the Wilmington Bypass. […]
Criminal Practice – Evidence – Prior Conviction – More Than 10 Years Old – Plain-Error Review
State v. Bortone. (Lawyers Weekly No. 11-16-0188, 16 pp.) (Martha A. Geer, J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Unpub. Click here for the […]
Contract – Municipal – Sewer Services – Expansion – Rates – Anticipatory Breach
Southeast Brunswick Sanitary District v. City of Southport. Where plaintiff notified the defendant-city several times that plaintiff could not move forward on the parties' contract to expand plaintiff's sewage . . .
Real Property – Non-Exclusive Easement – Res Judicata – Attorney’s Fees – Sanctions – Rule 11 – Administrative
Barris v. Town of Long Beach. (Lawyers Weekly No. 10-07-1211, 9 pp.) (Barbara Jackson, J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Click here for […]
Civil Practice – Action to Recover Principal – Rule 36(b) – Credibility
J.M. Parker & Sons Inc. v. William Barber Inc. (Lawyers Weekly No. 10-07-1219) (Wanda G. Bryant, J.) Appealed from Brunswick County District Court. (William F. Fairley, J.) N.C. App. Click […]
Contract – Home Construction – Partnership – Unlicensed Partner – Quantum Meruit Unavailable – First Impression
Ron Medlin Construction v. Harris. (Lawyers Weekly No. 10-06-1209, 18 pp.) (Sarah Parker, Ch.J.) Appealed from Brunswick County Superior Court. (B. Craig Ellis, J.) On appeal from the Court of […]
Criminal Practice – Judgment – Clerical Error – Appeals – Unpreserved Issue – Cocaine Trafficking – Chemist’s Test
State v. Dobbs. (Lawyers Weekly No. 10-07-1172, 7 pp.) (Sanford L. Steelman Jr., J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Click here for […]
Real Property – Mortgages – Foreclosure – Injunction – ‘Application’ – TRO or Preliminary Injunction
Goad v. Chase Home Finance, LLC. In order to have a foreclosure sale enjoined pursuant to G.S. § 45-21.34, a plaintiff must not only file an application with the clerk of court but also obtain injunctive relief before the rights of the parties to the sale . . .
Criminal Practice – DWI – Waiver of Counsel – Search & Seizure
State v. Kotecki. (Lawyers Weekly No. 10-16-1075, 11 pp.) (John C. Martin, Ch.J.) Appealed from Brunswick County Superior Court. (Franklin Lanier, J.) N.C. App. Unpub. Click here for the full […]
Civil Practice – Interlocutory Appeal – Substantial Right – Contract – Lis Pendens – Constructive Trust – Dismissal
Superior Construction Corp. v. Intracoastal Living, LLC. (Lawyers Weekly No. 10-16-1067, 9 pp.) (Martha A. Geer, J.) Appealed from Brunswick County Superior Court (John R. Jolly Jr., J.) N.C. App. […]
Criminal Practice – DWI – Effective Assistance – Evidence – HGN Test – Search & Seizure – Traffic Stop – Reasonable Suspicion
State v. Brown. Even though defendant's trial counsel failed to object to the admission of a horizontal gaze nystagmus (HGN) test, N.C. R. Evid. 702(a1)(1) permits expert testimony on the results of an HGN test on the issue of impairment.
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