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Brunswick County

Apr 21, 2011

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. […]

Apr 19, 2011

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. […]

Feb 23, 2011

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 […]

Feb 11, 2011

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 . . .

Dec 23, 2010

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 […]

Dec 23, 2010

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 […]

Dec 23, 2010

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 […]

Dec 9, 2010

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 […]

Dec 8, 2010

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 . . .

Nov 12, 2010

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 […]

Nov 9, 2010

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. […]

Oct 12, 2010

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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