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Tag Archives: subject-matter jurisdiction

Criminal Practice – Accessory After the Fact – Murder & Armed Robbery – Subject-Matter Jurisdiction – Indictment (access required)

State v. Cole. (Lawyers Weekly No. 11-07-0019, 16 pp.) (Rick Elmore, J.) Appealed from Durham County Superior Court. (J.B. Allen Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the indictment charged defendant ...

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Domestic Relations – Parent & Child – Civil Practice – Subject-Matter Jurisdiction – Neglect Case – Custody – Ineffective Transfer (access required)

Sherrick v. Sherrick. The district court failed to follow the procedure required by G.S. § 7B-911 to transfer what started as a child neglect proceeding to civil court where it could be heard as a child custody proceeding. We vacate the trial . . .

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Domestic Relations – Adoption – Subject-Matter Jurisdiction – Statutes – Best Interest of the Child Standard – Custody Decree (access required)

Boseman v. Jarrell. The Court of Appeals erred in determining that an adoption decree was valid where the adoption court crafted a remedy not recognized by the adoption statutes. The decree is void ab initio, and the plaintiff is not a legally . . .

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Ex-Camp Lejeune resident’s cancer claims can proceed (access required)

A lawsuit brought by a woman who was one of perhaps a half-million people exposed to cancer-causing pollutants and contaminants in drinking and bathwater at Camp Lejeune has withstood a salvo of dismissal motions filed by the government. But now a new motion is pending. The plaintiff, Laura J. Jones of Iowa, lived with her husband, a marine, at Camp Lejeune from 1980 to 1983. In 2003 Jones was diagnosed with non-Hodgkin's lymphoma. She didn't learn about problems with Camp Lejeune's water supply until 2005.

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Administrative – Civil Practice – Subject Matter Jurisdiction – Standing – Homeowners Insurance – Rate Increase – Consent Order (access required)

Dare County v. North Carolina Department of Insurance. Petitioners - 12 counties, 10 towns and two private parties - lack standing to seek administrative or judicial review of a consent order entered into by the N.C. Rate Bureau and the N.C. Department of Insurance. The consent order changed homeowners' insurance territories, raised rates an average of 3.9 percent statewide, raised rates for property owners in coastal territories by 6.5 to 29.8 percent, and reduced rates for condominium owners in coastal territories by 2 to 25 percent.

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Contract – Cognovits Agreement – Subject-Matter Jurisdiction – Full Faith & Credit – Foreign Judgment (access required)

Gardner v. Tallmadge. (Lawyers Weekly 10-07-0953, 22 pp.) (Linda Stephens, J.) Appealed from Rockingham County Superior Court (L. Todd Burke, J.). N.C. App. Click here for the full text of the opinion. Holding: Because an underlying cognovits agreement failed to ...

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Real Property – Zoning – Appeals – Subject-Matter Jurisdiction – Building Height – Certificate of Occupancy (access required)

Meier v. City of Charlotte. (Lawyers Weekly No. 10-07-0799, 17 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court (Robert P. Johnston, J.) N.C. App. Holding: Because the plaintiff failed to appeal from a zoning administrator’s determination in ...

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Administrative – Civil Practice – Subject-Matter Jurisdiction – OAH – 30-Day Filing Limit – Receipt of Agency Letter (access required)

Little v. North Carolina Department of Environment & Natural Resources. (Lawyers Weekly No. 10-16-0780, 8 pp.) (Martha A. Geer, J.) Appealed from Cabarrus County Superior Court. (Ronald K. Payne, J.) N.C. App. Unpub. Holding: Although petitioners now argue the respondent-agency’s ...

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