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Appellate Law

North Carolina Appellate Blog

Highlights developments in the appellate courts that affect business interests in North Carolina.
By Sean E. Andrussier

Post Frequency: 5.9/day

Last Entry: March 19, 2016 at 15:47:00

COA Finds No Agreement In Statute Of Frauds Case

Posted on July 06, 2010
In Hanson v. Legasus of N.C., LLC, (09-1155), the trial court ruled against the plaintiffs because an agreement for the payment of money like theirs must be in writing but wasn't. The COA affirmed -- not because the parties' agreement was not in writing, but because it found no agreement at all...

New COA Cases Today

Posted on July 06, 2010
The COA published big today, with 31 cases, 19 of them civil. More on these soon.

COA Filed 12 Civil Published Opinions Today

Posted on June 01, 2010
More on the most interesting ones shortly.

COA Opinions

Posted on May 18, 2010
The COA filed opinions today, including 12 civil published ones. More on these soon.

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COA: Product Modification By A Non-Party Is Not A Defense In Products Liability Suit

Posted on May 18, 2010
Today the COA held that the defense of modification of a product is not available in a products liability suit where the person who modified the product was not a party to the suit at the time of trial. The case is Stark v. Ford Motor Co. Mr. and Mrs...

COA Primary Results

Posted on May 05, 2010
You can see the numbers here. It'll be Calabria v. Gray and Elmore v. Walker.

COA: Chapter 75 Claims Do Not Involve Recovery of a Penalty for Purposes of Determining Venue

Posted on May 04, 2010
Today the COA held that Chapter 75 does not constitute a penal statute for purposes of determining proper venue under N.C. Gen. Stat. � 1-77(1). The case is Caldwell, et al v. Smith, et al.Plaintiffs filed suit against Defendants, alleging, among other things, unfair and deceptive trade practices and fraud...

Reminder: 2 COA Primaries On The Ballot Today

Posted on May 04, 2010
Don't forget that 2 NC COA primaries, for the Calabria and Elmore seats, are on the ballot today. You can read more here.

COA: Trial Judges Cannot Overrule Eachother, Even If On Different Motions

Posted on May 04, 2010
Today the COA confirmed that one superior court judge can't overrule another -- even if under the guise of a different motion with a different standard. The case is Adkins v. Stanly County Board of Education.In Adkins, an assistant school superintendent brought a retaliation complaint claiming her employment contract was not renewed because of an earlier lawsuit...

COA Opinions Today

Posted on May 04, 2010
Back from maternity leave and happy to be back on the blog. Today the COA filed opinions, including 6 civil published ones. We'll post on any important ones shortly.

COA: Application for Appointment of Arbitrator Is An "Action" for Purposes of Determining Venue

Posted on May 04, 2010
Today the COA held that an Application for Appointment of Arbitrators is an "action" under the NC venue statute, and that consent to a certain venue for arbitration does not constitute consent to that same venue for all proceedings related to the arbitration...

COA Opinions

Posted on April 20, 2010
This morning the North Carolina Court of Appeals issued 18 opinions. We will let you know about any cases of interest.

Supreme Court Considers Expectation of Privacy for Texts Sent on an Employer Issued Device

Posted on April 20, 2010
Yesterday the United States Supreme Court heard oral arguments in City of Ontario v. Quon. The question before the court in Quon is whether an employee of a local police department has a reasonable expectation of privacy in text messages sent on his employer-issued pager...

COA Opinions

Posted on April 06, 2010
The North Carolina Court of Appeals published 21 opinions today. We will have more on these opinions later.

COA Opinions

Posted on March 16, 2010
Today, the North Carolina Court of Appeals issued 13 opinions. More on these cases later.In the meantime, sign up to recieve posts from this blog in your e-mail using the box in the sidebar on the right hand side of the page.

Public Records Act Does Not Apply to Work Product

Posted on March 16, 2010
The Court of Appeals held that trial court did not abuse its discretion by allowing the City of Charlotte to withhold 225 documents that were otherwise responsive to a public records request on the ground that they constituted "trial preparation materials...

Wrongful Termination Does Not Give Rise to a UDTP Claim

Posted on March 16, 2010
In Combs v. City Electric Supply Company, the North Carolina Court of Appeals determined, among other things, that an employee's claim that he was wrongfully terminated did not give rise to a claim against his former employer under North Carolina's Unfair and Deceptive Trade Practices Act...

NC SCt Opinions

Posted on March 12, 2010
The North Carolina Supreme Court issued six opinions today. Unfortunately, none of the opinions present any issues relevant to this blog.

COA Places Duty on Financial Company to Detect Identity Theft

Posted on March 05, 2010
In Credigy Receivables, Inc. v. Whittington, the North Carolina Court of Appeals held that a financial company that tries to recover a debt incurred on a customer?s credit card must first determine whether its customer was the victim of identity theft prior...

COA: Incorrect Property Description On Deed of Trust Renders Deed Defective

Posted on March 03, 2010
Lenders should take care to ensure that details on their deeds of trust are correct, lest they lose priority if the borrower defaults. Today the COA held that a deed of trust with an incorrect description is defective. The case is Fifth Third v. Miller...

COA Opinions

Posted on March 02, 2010
This morning the North Carolina Court of Appeals issued 16 opinions. We will have more on these cases later.

USSC: Nerve Center Determines a Corporation's Principal Place of Business

Posted on February 23, 2010
Today, the United States Supreme Court determined that for purposes of diversity jurisdiction, a corporation's principal place of business is "the place where the corporation's high level officers direct, control, and coordinate the corporation's activities...

Taxpayers Lack Standing to Challenge Incentives

Posted on February 17, 2010
In Munger v. State of North Carolina, the Court of Appeals held that tax payers lacked standing to challenge economic incentives provided to Google under various provisions of the North Carolina Constitution. (Disclosure: Womble Carlyle represented Google, Inc...

COA Opinions

Posted on February 16, 2010
The Court of Appeals issued 20 opinions this morning. More on these cases later.

Fourth Circuit Adopts Last Served Rule to Determine Time for Removal

Posted on February 04, 2010
Today, in a divided opinion, the Fourth Circuit Court of Appeals determined that in multi-defendant cases, each defendant has thirty days from the time they are served with the summons and complaint to file a notice of removal in federal court. The case is Barbour v...

COA: Testimony from Accident Reconstruction Expert Cannot Defeat Summary Judgment

Posted on February 03, 2010
In Blackwell v. Hatley, the Court of Appeals held that (1) for accidents occurring prior to December 1, 2006, an accident reconstruction expert cannot opine on the speed of a vehicle without observing the accident; and (2) a Town and its employees cannot be held liable for an accident that resulted from an alleged failure to maintain a state road...

COA: Failure to Disclose Lack of Fire Insurance Does Not Void Guarantee

Posted on February 03, 2010
The Court of Appeals' decision in Community One Bank v. Bowen is a reminder that you should always do your due diligence before you agree to guarantee a loan.In December 2006, Jerry Kellar agreed to guarantee a $93,257.09 loan from FB Bank, now Community One Bank, to William Bowen...

COA: Public Duty Doctrine and Governmental Immunity Do Not Protect City from Negligence Claims

Posted on February 03, 2010
Today the COA held that the neither public duty doctrine or governmental immunity could shield a city government from liability in a negligence case. The case is Beckles-Palomares v. Logan. Plaintiff's son was hit and killed by Logan. Plaintiff sued Logan and defendant Moore for failing to trim vegetation on his property, which allegedly obscured Logan's view and contributed to the accident...

COA Opinions

Posted on February 02, 2010
The Court of Appeals issued 25 opinions today. More on these cases later.

Notarized Contract Does Not Give Rise to the Presumption of Adequate Consideration

Posted on January 20, 2010
The North Carolina Court of Appeals discussed the presumption that contracts executed under seal are supported by adequate consideration in Burton v. Williams.In early 1998, Walter Burton sold his home to the defendant, Tony Williams. Burton provided "owner-financing for $160,000...

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