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2 Carteret County men arrested in 1987 rape, kidnapping
BEAUFORT (AP) — Two Carteret County men have been charged in the 1987 rape and kidnapping case of a then 13-year-old. Local media outlets report the case was re-opened after nearly 30 years and authorities say 65-year-old Jerry Cornelius Jones and 62-year-old Etharay Jefferson were indicted this week in the assault of the girl. District […]
County set to sue over loggerhead designation
The Carteret County commissioners have authorized a lawsuit if a U.S. Fish and Wildlife Service proposal designating crucial loggerhead habitat on Bouge Banks is approved.
Real Property – Tort/Negligence – Agency – Fiduciary Duties – Fraud – Misrepresentation – Unfair & Deceptive Trade Practices – Material Fact – Failure to Disclose
Sutton v. Driver. (Lawyers Weekly No. 11-07-0418, 26 pp.) (Martha A. Geer, J.) Appealed from Carteret County Superior Court (Russell Lanier Jr., & John E. Nobles Jr., JJ.). N.C. App. Click here for the full text of the opinion. Holding: The plaintiffs presented sufficient evidence to establish that the defendants, who were their real estate […]
Domestic Relations – Child Support – Arrearages – UIFSA – Full Faith & Credit
State o/b/o Benford v. Bryant. (Lawyers Weekly No. 10-07-1096, 7 pp.) (Robert C. Hunter, J.) Appealed from Carteret County District Court. (Jerry F. Waddell, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court did not have the legal authority to reduce the amount of arrearage that accrued under […]
Domestic Relations – Civil Practice – Appeals – Interlocutory Order – Rule 54(b) Certification – Separation Agreement
Johnson v. Johnson. (Lawyers Weekly No. 10-07-1092, 15 pp.) (Linda Stephens, J.) (Barbara Jackson, J., concurring) Appealed from Carteret County District Court. (Peter Mack, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court’s order determined the parties’ separation date and set aside their separation agreement. This order did […]
Criminal Practice – Assault With a Deadly Weapon – Criminal Conspiracy – Motion to Dismiss
State v. Sanders. (Lawyers Weekly No. 10-07-1100, 9 pp.) (Robert N. Hunter Jr., J.) Appealed from Carteret County Superior Court (Phyllis M. Gorham, J.) N.C. App. Click here for the full text of the opinion. Holding: Because there was substantial evidence before the trial court that the defendant conspired to assault the neighbor of his […]
Domestic Relations – Child Support – Arrearages – UIFSA – Full Faith & Credit
State o/b/o Benford v. Bryant. The trial court did not have the legal authority to reduce the amount of arrearage that accrued under a Michigan child support judgment under the Uniform Interstate Family Support Act. The court must give full faith and credit to support payments accrued and vested under the Mich. judgment.
Real Property – Riparian Rights – Man-Made Harbor – Easements – County – Public Access
Newcomb v. County of Carteret. Despite the fact that Marshallberg Harbor is man-made, since the harbor is navigable, the owners of the land along the harbor have riparian rights. However, those lands are subject to an easement granted to the defendant-county when the harbor was created. We affirm the trial court's summary judgment rulings as to riparian rights and the county's easement. W[...]
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