North Carolina Cases ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnvironmental LawEstate Planning & ProbateFamily LawFinance & BankingGovernment BenefitsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsReal PropertyTaxationTort LawWorkers Compensation Cathy BERARDI, Plaintiff; Employee, v. CRAVEN COUNTY SCHOOLS, Employer, Key Risk Management Services, Third Party Administrator; Carrier, Defendants. , N.C.App., February 2, 2010 Appeal by defendants from order filed 20 February 2009 by the Full Commission of the North Carolina Industrial Commission. Heard in the Court of Appeals 18 November 2009. Lennon & Camak, PLLC, by Michael W. Bertics, for the plaintiff-appellee. Prather Law Firm, by J.D. Prather, for defendants-appellants. STEELMAN, Judge. Where defendants appeal from an order of the North Carolina Industrial Commission issued under the Expedited Medical Motions Procedure, such appeal is interlocutory... The COVENTRY WOODS NEIGHBORHOOD ASSOCIATION, INC., a North Carolina non-profit corporation, John F. Bordsen and wife, Patricia Bresina, Martha L. McAulay, and Joan E. Provost, Eva Cole Matthews, Chris Johnson and wife, Shannon Jones, Rebecca S. Gardn, N.C.App., February 2, 2010 Appeal by Plaintiffs from order entered 6 August 2008 by Judge Richard D. Boner in Mecklenburg County Superior Court. Heard in the Court of Appeals 7 October 2009. Davies and Grist, LLP, by Kenneth T. Davies, for plaintiff-appellants. Robert E. Hagemann, for defendant-appellees City of Charlotte and Charlotte-Mecklenburg Planning Commission. Robinson, Bradshaw, & Hinson, P.A., by Richard A. Vinroot and Richard C. Worf, Jr., for defendant-appellee Independence Capital Realty, LLC. ERVIN,... The COVENTRY WOODS NEIGHBORHOOD ASSOCIATION, INC., a North Carolina non-profit corporation, John F. Bordsen and wife, Patricia Bresina, Martha L. McAulay, and Joan E. Provost, Eva Cole Matthews, Chris Johnson and wife, Shannon Jones, Rebecca S. Gardn, N.C.App., February 2, 2010 Appeal by petitioners from order entered 6 August 2008 by Judge Richard D. Boner in Mecklenburg County Superior Court. Heard in the Court of Appeals 7 October 2009. Davies and Grist, LLP, by Kenneth T. Davies, for plaintiff-appellants. Robert E. Hagemann, for defendant-appellees City of Charlotte and Charlotte-Mecklenburg Planning Commission. Robinson, Bradshaw, & Hinson, P.A., by Richard A. Vinroot and Richard C. Worf, Jr., for defendant-appellee Independence Capital Realty, LLC. ERVI... STATE of North Carolina v. Eric Daniel EARLY. , N.C.App., February 2, 2010 Appeal by Defendant from judgment entered 2 October 2008 by Judge Richard W. Stone in Superior Court, Rockingham County. Heard in the Court of Appeals 3 November 2009. Attorney General Roy Cooper, by Assistant Attorney General Richard A. Graham, for the State. Winifred H. Dillon for Defendant-Appellant. McGEE, Judge. Eric Daniel Early (Defendant) was convicted of first-degree arson, possession of drug paraphernalia, and resisting a public officer on 2 October 2008. Defendant was sen... Grant Edward NEWPORT, Plaintiff, v. Tammie Braxton NEWPORT, Defendant. , N.C.App., February 2, 2010 Appeal by Plaintiff from judgment entered 30 October 2008 by Judge David Q. LaBarre in Alamance County Superior Court. Heard in the Court of Appeals 5 November 2009. Holt, Longest, Wall, Blaetz & Moseley, PLLC, by W. Phillip Moseley, for Plaintiff-Appellant. No Appellee Brief filed for Defendant-Appellee. BEASLEY, Judge. Grant Edward Newport (Plaintiff) appeals from an order addressing issues of post-separation support, child custody, child support, and counsel fees. For the reasons... STATE of North Carolina v. Trevell Andrew GRIER, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered on or about 12 November 2008 by Judge W. Douglas Albright in Superior Court, Forsyth County. Heard in the Court of Appeals 16 September 2009. Attorney General Roy A. Cooper, III by Assistant Attorney General Brian R. Berman, for the State. Mary McCullers Reece, for defendant-appellant. STROUD, Judge. Defendant was convicted by a jury of assault by strangulation. Defendant appeals, arguing that "the trial court committed plain error in failin... Doris-Marie MARTIN, Plaintiff, v. Russell M. MARTIN, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from an order entered 30 March 2009 by Judge Marvin P. Pope, Jr. in Buncombe County District Court. Heard in the Court of Appeals 2 December 2009. Gum, Hillier & McCroskey, P.A., by Howard L. Gum; and Carter & Kropelnicki, P.A., by Steven Kropelnicki, Jr., for plaintiff-appellee. The McDonald Law Office, P.A., by Diane K. McDonald, for defendant- appellant. JACKSON, Judge. Russell M. Martin ("defendant") appeals the 30 March 2009 order holding him in civil contem... In the Matter of G.M.H., S.L.C., and A.M.H., Minor Children. , N.C.App., February 2, 2010 Appeal by respondents from orders entered 18 May 2009 and 27 May 2009 by Judge Don W. Creed, Jr. in District Court, Randolph County. Heard in the Court of Appeals 28 December 2009. Erica Glass McDoe, for appellee Randolph County Department of Social Services. Pamela Newell Williams, for appellee guardian ad litem. Janet K. Ledbetter, for respondent-appellant mother. Joyce L. Terres, for respondent-appellant father Richard B. Betsy J. Wolfenden, for respondent-appellant father Newt... Jimmy Lynn COLEMAN, Administrator of the Estate of Dillan Michael Coleman, deceased, Plaintiff, v. GASTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Keith Moon, Individually and in his Official Capacity as Director of the Gaston County Department of Soc, N.C.App., February 2, 2010 Appeal by Defendants from order entered 11 November 2008 by Judge Cressie H. Thigpen, Jr. in Superior Court, Pender County. Heard in the Court of Appeals 3 November 2009. No brief for Plaintiff-Appellee. Stott, Hollowell, Palmer & Windham, L.L.P., by Martha Raymond Thompson and Aaron C. Low, for Defendants-Appellants. McGEE, Judge. Plaintiff alleged in the complaint in this matter that he was married to Wendy Coleman (Coleman), but that they were separated at the time the events tr... In the Matter of T.W.O., Jr., & J.A.O. , N.C.App., February 2, 2010 Appeal by respondent mother and respondent father from order entered 30 June 2009 by Judge James A. Grogan in Rockingham County District Court. Heard in the Court of Appeals 11 January 2009. Pamela Newell Williams for guardian ad litem. Betsy J. Wolfenden for respondent-appellant mother. Mary McCullers Reece for respondent-appellant father. ELMORE, Judge. Respondent mother and respondent father appeal from the trial court's order terminating their parental rights to juveniles J.A... In the Matter of H.R.S. , N.C.App., February 2, 2010 Appeal by respondent-mother from order entered 4 June 2009 by Judge C. Christopher Bean in District Court, Perquimans County. Heard in the Court of Appeals 28 December 2009. Jeanine C. Evans for petitioner-appellee father. Wyrick Robbins Yates & Ponton LLP, by Tobias S. Hampson, for respondent- appellant mother. STROUD, Judge. Respondent-mother appeals from the trial court's order terminating her parental rights as mother to the minor child H.R.S.("Hanna") [FN1]. After careful revi... In the Matter of H.R.S. & R.F.S. , N.C.App., February 2, 2010 Appeal by respondent-mother from judgment entered 15 June 2009 by Judge L. Dale Graham in Iredell County District Court. Heard in the Court of Appeals 11 January 2010. Lauren Vaughan, for petitioner-appellee Department of Social Services. Kilpatrick Stockton, LLP, by John M. Moye, for Guardian Ad Litem. Lucas & Ellis, PLLC, by Anna S. Lucas, for respondent-appellant. STEELMAN, Judge. Where clear, cogent, and convincing evidence supports the trial court's findings that Mother had ... In the Matter of R.S. and A.M.S. , N.C.App., February 2, 2010 Appeal by respondent-father from orders entered 1 June 2009 by Judge Steven J. Bryant in Graham County District Court. Heard in the Court of Appeals 11 January 2009. No brief for petitioner-appellee. Pamela Newell Williams for guardian ad litem-appellee. Michael E. Casterline for father, respondent-appellant. ELMORE, Judge. Respondent-father appeals from the trial court's orders dismissing this case for lack of subject matter jurisdiction. The Graham County Department of Socia... In The Matter of H.D., D.D., M.D., J.D., D.D. , N.C.App., February 2, 2010 Appeal by Respondents from orders entered 11 March and 5 May 2009 by Judge Deborah Brown in Alexander County District Court. Heard in the Court of Appeals 28 December 2009. Jon W. Myers for Respondent Father. Betsy J. Wolfenden for Respondent Mother. Thomas R. Young for Petitioner Appellee Alexander County Department of Social Services. Pamela Newell Williams for Guardian ad Litem. STEPHENS, Judge. Respondent Mother and Respondent Father (collectively, "Respondents") appeal fr... In the matter of M.I.W. , N.C.App., February 2, 2010 Appeal by respondent-mother and respondent-father from order entered 8 May 2009 by Judge Resson O. Faircloth in Harnett County District Court. Heard in the Court of Appeals 11 January 2010. Harnett County Department of Social Services, by E. Marshall Woodall, and Duncan B. McCormick, for the petitioner-appellee. Pamela Newell Williams for guardian ad litem. Robin E. Strickland for respondent-appellant mother. Susan J. Hall for respondent-appellant father. MARTIN, Chief Judge. Re... In the Matter of N.W.F. , N.C.App., February 2, 2010 Appeal by respondents from order entered 5 May 2009 by Judge James M. Honeycutt in Person County District Court. Heard in the Court of Appeals 28 December 2009. Thomas L. Fitzgerald, for petitioner-appellee Person County Department of Social Services. Pamela Newell Williams, GAL Appellate Counsel, for guardian ad litem. Susan J. Hall, for respondent-appellant mother. Ryan McKaig, for respondent-appellant father. CALABRIA, Judge. Respondent-mother ("Mother") and respondent-fath... STATE of North Carolina v. Bonita Sue ANDERSON, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 29 August 2008 by Judge Michael Beale in Iredell County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Amanda P. Little, for the State. Appellate Defender Staples Hughes, by Assistant Appellate Defender Emily H. Davis, for defendant-appellant. GEER, Judge. Defendant Bonita Sue Anderson appeals from the judgment entered after she pled guilty to breaking and entering, l... In the Matter of C.J.R., A Minor Child. , N.C.App., February 2, 2010 Appeal by respondent-mother from order entered 12 June 2009 by Judge Michael A. Sabiston in Randolph County District Court. Heard in the Court of Appeals 11 January 2010. Robin K. Martinek, for petitioner-appellee Randolph County Department of Social Services. Ryan McKaig, for respondent-appellant. MARTIN, Chief Judge. Respondent-mother is the biological mother of C.J.R., who was born in June 2003. On 4 December 2006, Randolph County Department of Social Services ("DSS") filed a pet... Donald DEMBINSKI, Plaintiff, v. STAGE RIGGING SERVICES, INC., LDL Inc. d/b/a Harris-Johnson Industries, Leslie Martin, and Lewis Tysor, Defendants. , N.C.App., February 2, 2010 Appeal by plaintiff from order entered 11 March 2009 by Judge Richard W. Stone in Guilford County Superior Court. Heard in the Court of Appeals 11 January 2010. Tuggle Duggins & Meschan, P.A., by Denis E. Jacobson and Jeffrey S. Southerland, for plaintiff-appellant. Forman Rossabi Black, P.A., by Emily J. Meister and Ameil J. Rossabi, for defendants-appellees. HUNTER, ROBERT C., Judge. Plaintiff Donald Dembinski appeals from the trial court's order (1) setting aside a default judgme... SOUTHERN PRESTIGE INDUSTRIES, INC., a North Carolina corporation, Plaintiff- appellee v. INDEPENDENCE PLATING CORPORATION, a New Jersey corporation, Defendant- appellant. , N.C.App., February 2, 2010 Appeal by defendant from order entered 4 May 2009 by Judge Kevin M. Bridges in Iredell County Superior Court. Heard in the Court of Appeals 1 December 2009. Pope, McMillan, Kutteh, Privette, Edwards & Schieck, P.A., by Martha N. Peed and Anthony S. Privette, for plaintiff-appellee. Patrick, Harper & Dixon, L.L.P., by Stephen M. Thomas, for defendant- appellant. CALABRIA, Judge. Independence Plating Corporation ("defendant") appeals an order denying its motion to dismiss for lack of ... STATE of North Carolina v. Leon Christian McCOLLIE, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 10 October 2008 by Judge Albert Diaz in Mecklenburg County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Joseph E. Elder, for the State. William B. Gibson for defendant-appellant. GEER, Judge. Defendant Leon Christian McCollie appeals from his convictions for breaking and entering and larceny after breaking and entering. Defendant primarily contends the trial court e... STATE of North Carolina v. David YARBOROUGH, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 8 January 2009 by Judge Thomas D. Haigwood in Alamance County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Thomas H. Moore, for the State. Daniel J. Clifton for defendant-appellant. GEER, Judge. Defendant pled guilty on 1 May 2008 to one count of incest. In exchange for defendant's guilty plea to this offense, the State agreed not to proceed on the original charge o... STATE of North Carolina v. Donald Jay YOUNG. , N.C.App., February 2, 2010 Appeal by defendant from judgments entered 23 September 2008 by Judge Ronald E. Spivey in Guilford County Superior Court. Heard in the Court of Appeals 14 October 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Danielle Marquis Elder, for the State. Haral E. Carlin, for defendant. ELMORE, Judge. Donald Jay Young (defendant) appeals his convictions for the crimes of first- degree murder, first-degree sex offense, first-degree burglary, robbery with a dangerous w... STATE of North Carolina v. Whitney Michelle JENKINS. , N.C.App., February 2, 2010 Appeal by Defendant from judgment entered 27 August 2008 by Judge Gary L. Locklear in Brunswick County Superior Court. Heard in the Court of Appeals 1 October 2009. Attorney General Roy Cooper, by Assistant Attorney General Gary M. Teague, for the State. Irving Joyner, for Defendant. STEPHENS, Judge. I. Procedural History On 18 July 2007, Defendant Whitney Michelle Jenkins was arrested and charged with felonious possession of methamphetamine. Defendant was subsequently indicted for t... STATE of North Carolina v. Guss Bobby CARTER, Jr. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 13 November 2008 by Judge J. Gentry Caudill in Mecklenburg County Superior Court. Heard in the Court of Appeals 12 October 2009. Attorney General Roy Cooper by Assistant Attorney General David P. Brenskelle, for the State. John T. Hall, for Defendant. ERVIN, Judge. Defendant Guss Bobby Carter, Jr., appeals from a judgment entered 13 November 2008 sentencing him to a minimum term of 167 months and a maximum term of 210 months imprisonment in ... In the Matter of J.A.G. , N.C.App., February 2, 2010 Appeal by juvenile from orders entered 2 December 2008 by Judge M. Patricia DeVine in Orange County District Court. Heard in the Court of Appeals 14 October 2009. Richard Croutharmel for appellant-juvenile. Attorney General Roy Cooper, by Assistant Attorney General Barbara A. Shaw and Assistant Attorney General LaToya B. Powell, for the State. ELMORE, Judge. On 15 August 2008, juvenile J.A.G. took and used without permission a golf cart that was the personal property of an apartment... STATE of North Carolina v. Julius Earl DAVIS. , N.C.App., February 2, 2010 Appeal by defendant from judgments entered 11 December 2008 by Judge W. Russell Duke, Jr., in Pitt County Superior Court. Heard in the Court of Appeals 12 October 2009. Attorney General Roy Cooper, by Special Deputy Attorney General John J. Aldridge, III, for the State. Bryan Gates, for Defendant. ERVIN, Judge. Defendant Julius Earl Davis appeals from judgments entered 11 December 2008 sentencing him to a minimum of 189 months and a maximum of 236 months imprisonment in the custody ... STATE of North Carolina v. Michael Troy LEWIS. , N.C.App., February 2, 2010 Appeal by Defendant from judgments entered 21 November 2008 by Judge Carl R. Fox in Orange County Superior Court. Heard in the Court of Appeals 5 November 2009. Attorney General Roy Cooper, by Assistant Attorney General Catherine F. Jordan, for the State. Duncan B. McCormick, for Defendant. BEASLEY, Judge. Michael Lewis (Defendant) appeals from judgments entered on his convictions of two counts of first-degree kidnapping, attempted felonious larceny, common law robbery, felony consp... STATE of North Carolina v. Kovacs Kieron TROUTMAN, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgments entered 18 November 2008 by Judge James M. Webb in Moore County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Derrick C. Mertz, for the State. Daniel J. Clifton for defendant-appellant. GEER, Judge. Defendant Kovacs Kieron Troutman appeals from his convictions of felony fleeing to elude arrest and felony possession of cocaine. With respect to the felony possession of cocain... STATE of North Carolina v. Emmanuel BELL. , N.C.App., February 2, 2010 Appeal by defendant from judgments entered 13 November 2008 by Judge John Holshouser in Anson County Superior Court. Heard in the Court of Appeals 14 October 2009. Attorney General Roy Cooper, by Assistant Attorney General J. Aldean Webster III, for the State. Hartsell & Williams, P.A., by Christy E. Wilhelm, for defendant-appellant. ROBERT N. HUNTER, JR., Judge. Emmanuel Bell ("defendant") appeals as a matter of right from four convictions: (1) trafficking in marijuana by possessio... STATE of North Carolina v. Tara Joan REEL, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 18 November 2008 by Judge Ripley E. Rand in Wake County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Martin T. McCracken, for the State. Betsy J. Wolfenden for defendant-appellant. GEER, Judge. Defendant Tara Joan Reel appeals pursuant to N.C. Gen.Stat. § 15A- 979(b) (2009) from an order denying her motion to suppress. Defendant contends that the evidence seized at ... STATE of North Carolina v. James Joseph JAMES, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 30 October 2008 by Judge Lindsay R. Davis, Jr. in Guilford County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Nancy Reed Dunn, for the State. Faith S. Bushnaq for defendant-appellant. GEER, Judge. Defendant James Joseph James was convicted of resisting a public officer, disorderly conduct, malicious conduct by a prisoner, and having attained habitual felon status. ... STATE of North Carolina v. Mitchell Demaras ZEIGLAR, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgments entered 25 February 2009 by Judge L. Todd Burke in Guilford County Superior Court. Heard in the Court of Appeals 18 November 2009. Attorney General Roy Cooper, by Assistant Attorney General J. Philip Allen, for the State. William D. Spence for defendant-appellant. HUNTER, ROBERT C., Judge. Defendant Mitchell Demaras Zeiglar appeals from his convictions of three counts of first degree sexual offense and two counts of taking indecent liberties with a... STATE of North Carolina v. Barshim Nathaniel KEENER. , N.C.App., February 2, 2010 Appeal by Defendant from judgments entered 3 February 2009 by Judge Quentin T. Sumner in Superior Court, Martin County. Heard in the Court of Appeals 18 November 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Elizabeth Leonard McKay, for the State. Greene & Wilson, P.A., by Thomas Reston Wilson, for Defendant-Appellant. McGEE, Judge. Robert McPhee (McPhee), a man in his mid-eighties who suffered from poor hearing and leg ailments, was assaulted in his home on... STATE of North Carolina v. Israel HAMMONDS, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 23 January 2009 by Judge Robert F. Floyd, Jr. in Robeson County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Alexandra Gruber, for the State. Sofie W. Hosford for defendant-appellant. GEER, Judge. Defendant Israel Hammonds appeals from his convictions of first degree rape, second degree kidnapping, and four counts of first degree sexual offense. On appeal, defendant... STATE of North Carolina v. Joseph E. GERMAIN. , N.C.App., February 2, 2010 Appeal by Defendant from judgment entered 14 January 2009 by Judge James L. Baker in Jackson County Superior Court. Heard in the Court of Appeals 17 November 2009. Attorney General Roy A. Cooper, by Assistant Attorney General Linda Kimbell, for the State. Russell J. Hollers, III, for Defendant. BEASLEY, Judge. Joseph E. Germain (Defendant) appeals from judgment entered on his convictions of twenty counts of indecent liberties with a child, twenty counts of sex offense, and one count... STATE of North Carolina v. Scott Randall REICH. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 2 October 2008 by Judge James U. Downs in Rutherford County Superior Court. Heard in the Court of Appeals 28 October 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Francis W. Crawley, for the State. Leslie C. Rawls for defendant-appellant. STEELMAN, Judge. Evidence of explosive devices found on defendant's property was relevant to defendant's motive and state of mind. The trial court did not abuse its discretion in adm... STATE of North Carolina v. Reginald Eugene TAYLOR. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 24 February 2009 by Judge William Z. Wood, Jr. in Forsyth County Superior Court. Heard in the Court of Appeals 13 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Ann W. Matthews, for the State. Parish, Cooke & Condlin, by James R. Parish, for defendant-appellant. BRYANT, Judge. Defendant appeals from a judgment and commitment after a jury found defendant guilty of felony possession with intent to sell or deliver coca... STATE of North Carolina v. Lawrence NESMITH, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from order entered 10 November 2008 by Judge Quentin T. Sumner in Nash County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Special Deputy Attorney General Thomas J. Pitman, for the State. Mills & Economos, L.L.P., by Larry C. Economos, for defendant-appellant. GEER, Judge. Defendant Lawrence Nesmith appeals from the trial court's order enrolling him in a satellite-based monitoring ("SBM") program for 10 years. Thi... STATE of North Carolina v. James THOMAS, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 11 March 2009 by Judge Jack A. Thompson in Cumberland County Superior Court. Heard in the Court of Appeals 18 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Kevin G. Mahoney, for the State. Daniel F. Read, for defendant-appellant. GEER, Judge. Defendant James Thomas appeals from his conviction of one count of common law robbery and from the sentence imposed pursuant to his guilty plea of having attained habitual fel... STATE of North Carolina v. Billy PEPPERS. , N.C.App., February 2, 2010 Appeal by Defendant from judgment entered 18 November 2008 by Judge Orlando F. Hudson in Wake County Superior Court. Heard in the Court of Appeals 29 October 2009. Attorney General Roy Cooper, by Assistant Attorney General Peter A. Regulski, for the State. Kevin P. Bradley, for Defendant. BEASLEY, Judge. On 18 November 2008 Defendant pled guilty to sexual battery and second-degree kidnapping. The trial court accepted Defendant's plea and, pursuant to a plea arrangement, Defendant wa... Janet Elizabeth CLARK, By and Through Her Guardian, Gail Zawacki v. TYCO INTERNATIONAL (US) INC., Tyco Electronics Corporation and Robert Bruce Gorman. , N.C.App., February 2, 2010 Appeal by plaintiff from orders entered 26 September 2007 and 27 February 2008 by Judge Paul C. Ridgeway in Harnett County Superior Court. Heard in the Court of Appeals 8 April 2009. McLeod & Harrop, by Donald E. Harrop, Jr.; Jones & Jones, P.L.L.C. by Cecil B. Jones, for appellants. Wyrick, Robbins, Yates, & Ponton, LLP by K. Edward Greene; Tobias S. Hampson, for appellee Booth, Harrington, & Johns, LLP. Bain, Buzzard & McRae, LLP, by Robert A. Buzzard, for appellee Gail Zawacki. ... Mark A. WARD, Plaintiff, v. JETT PROPERTIES, LLC, Defendant. , N.C.App., February 2, 2010 Appeal by plaintiff from order entered 3 September 2008 by Judge L. Todd Burke in Forsyth County Superior Court. Heard in the Court of Appeals 7 May 2009. Mark A. Ward, pro se, plaintiff-appellant. Hinshaw & Jacobs, LLP, by Robert D. Hinshaw, for defendant-appellee. GEER, Judge. Plaintiff Mark A. Ward appeals the trial court's order dismissing his defamation claim against defendant Jett Properties, LLC, and imposing Rule 11 sanctions against him. Because plaintiff's complaint fails ... STATE of North Carolina v. Allen Douglas MAY, Defendant-Appellant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 27 August 2008 by Judge Clifton W. Everett, Jr., in Beaufort County Superior Court. Heard in the Court of Appeals 1 September 2009. Attorney General Roy Cooper, by Assistant Attorney General Ted R. Williams, for the State. Mercedes O. Chut for defendant. ELMORE, Judge. On 13 August 2007, Jim Dugan participated in an arranged drug buy coordinated by Detective Jonathan Kuhn of the Washington Police Department's narcotics division. Detective Ku... STATE of North Carolina v. Julius Cordette HOOKER. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 13 June 2008 by Judge Ripley E. Rand in Wake County Superior Court. Heard in the Court of Appeals 1 September 2009. Attorney General Roy Cooper, by Assistant Attorney General Tina A. Krasner, for the State. Eric A. Bach for defendant-appellant. ELMORE, Judge. Julius Cordette Hooker (defendant) appeals from judgments and commitments entered 13 June 2008 after a jury returned verdicts of guilty on charges of conspiracy to commit robbery with a... BAILEY AND ASSOCIATES, INC., Petitioner, v. WILMINGTON BOARD OF ADJUSTMENT and City of Wilmington, Respondents, and John Blackwell and wife, Eliza Blackwell; Victor Byrd and wife, Carolyn Byrd; Vishak Das and wife, Tracy Das; Bill Dobo and wife, , N.C.App., February 2, 2010 Appeals by Intervenor-Respondents and Petitioner from order entered 26 July 2008 by Judge John E. Nobles, Jr., in New Hanover County Superior Court. Heard in the Court of Appeals 10 June 2009. Shanklin & Nichols, LLP, by Matthew A. Nichols and Kenneth A. Shanklin, for Petitioner-Appellant and Appellee. Law Office of G. Grady Richardson, Jr., P.C., by G. Grady Richardson, Jr., for Intervenor-Appellants and Appellees. ERVIN, Judge. Bailey and Associates, Inc., (Petitioner) owns a 4.5 ... Henry V. JOHNSON, Jr., Plaintiff, v. The UNIVERSITY OF NORTH CAROLINA and Winston-Salem State University, Defendants. , N.C.App., February 2, 2010 Appeal by plaintiff from order entered 5 March 2009 by Judge Howard E. Manning, Jr. in Wake County Superior Court. Heard in the Court of Appeals 30 November 2009. Morgan, Herring, Morgan, Green, & J. Combs, for plaintiff-appellant. Rosenblutt, L.L.P., by Todd. Roy Cooper, Attorney General, by Brian R. Berman, Assistant Attorney General, for the State. MARTIN, Chief Judge. Plaintiff Henry V. Johnson, Jr. appeals from the Wake County Superior Court's order granting defendants' motion ... MOSS CREEK HOMEOWNERS ASSOCIATION, INC., Deloris Gail Benton, Jo Anne K. Bishop, Janice Hamby, David L. Hamilton, David J. Knoche, and Charles F. Peeler, Plaintiffs, v. Ted L. BISSETTE, Mary Holly Bissette, Scott W. Rich, Laura K. Rich, and Provide, N.C.App., February 2, 2010 Appeal by Ted and Mary Bissette (as defendants and third-party plaintiffs) from orders entered 3 May 2006 by Judge John O. Craig III, 29 December 2006 by Judge Ronald E. Spivey, 26 March and 12 June 2007 by Judge Steve A. Balog, 30 April 2007 by Judge Edgar B. Gregory, 28 November 2008 by Judge Paul C. Ridgeway, and 12 and 13 February and 4 March 2008 by Judge James M. Webb in Guilford County Superior Court. Heard in the Court of Appeals 21 April 2009. Petition to Rehear allowed on 25 November 2... NORTH CAROLINA CONCRETE FINISHERS, INC. d/b/a S & R Concrete, Plaintiff, v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Defendant. , N.C.App., February 2, 2010 Appeal by Plaintiff from order entered 18 March 2009 by Senior Resident Superior Court Judge E. Lynn Johnson in Cumberland County Superior Court. Heard in the Court of Appeals 29 October 2009. Lewis, Deese & Nance, LLP, by James R. Nance, Jr., for Plaintiff-Appellant. Anderson, Johnson, Lawrence, Butler & Bock, L.L.P., by Michael R. Porter, for Defendant-Appellee. BEASLEY, Judge. Plaintiff (North Carolina Concrete Finishers, Inc., d/b/a S & R Concrete) appeals from judgment on the p... In the Matter of E.K., K.K., & E.G., Minor Children. , N.C.App., February 2, 2010 Appeal by the Caldwell County Department of Social Services from order entered 10 June 2009 by Judge C. Thomas Edwards in Caldwell County District Court. Heard in the Court of Appeals 28 December 2009. Lauren Vaughan for petitioner-appellant Caldwell County Department of Social Services. Pamela Newell Williams for guardian ad litem. Betsy J. Wolfenden for respondent-appellee mother. Joyce L. Terres for respondent-appellee father. STEPHENS, Judge. The Caldwell County Department... Hayluri BECKLES-PALOMARES, Administrator of the Estate of Joshua Franklin Beckles-Palomares, Plaintiff, v. Michael Andrew LOGAN, Jr., City of Winston-Salem, Flow 425 Silas Creek Parkway, LLC, Flow Companies, Inc., Norman L. Moore, Defendants. , N.C.App., February 2, 2010 Appeal by defendant City of Winston-Salem from order entered 9 December 2008 by Judge Jerry Cash Martin in Forsyth County Superior Court. Heard in the Court of Appeals 16 November 2009. Walter C. Holton, Jr., PLLC, by Walter C. Holton Jr., for plaintiff- appellee. Womble Carlyle Sandridge & Rice, PLLC, by James R. Morgan, Jr., for defendant-appellant. MARTIN, Chief Judge. On 20 May 2006, seven-year-old Joshua Beckles-Palomares [FN1] ("Joshua") was riding his bicycle south on Freema... STATE of North Carolina v. Jeffrey Ray JENKINS. , N.C.App., February 2, 2010 Appeal by Defendant from judgment and sentence entered 26 September 2008 by Judge Timothy L. Patti in Superior Court, Mecklenburg County. Heard in the Court of Appeals 15 October 2009. Appellate Defender Staples Hughes, by Assistant Appellate Defender Kristen L. Todd, for Defendant. Attorney General Roy Cooper, by Assistant Attorney General Leonard G. Green, for the State. STEPHENS, Judge. On 26 September 2008, a jury found Jeffrey Ray Jenkins ("Defendant") guilty of voluntary mans... STATE of North Carolina v. David Joseph RILEY. , N.C.App., February 2, 2010 Appeal by defendant and cross-appeal by the State from judgment entered 18 September 2008 by Judge Russell J. Lanier, Jr. in Pender County Superior Court. Heard in the Court of Appeals 28 October 2009. Attorney General Roy Cooper, by Assistant Attorney General John G. Barnwell, for the State. Appellate Defender Staples Hughes, by Assistant Appellate Defender Benjamin Dowling-Sendor, for defendant. STEELMAN, Judge. While the prosecutor improperly cross-examined defendant about plead... STATE of North Carolina v. Brian Michael BLAKEMAN. , N.C.App., February 2, 2010 Appeal by Defendant from judgments entered 25 and 26 September 2008 by Judge Thomas H. Lock in Johnston County Superior Court. Heard in the Court of Appeals 17 November 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Robert M. Curran, for the State. McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III, and Kirby H. Smith, III, for Defendant. BEASLEY, Judge. Defendant (Brian Blakeman) appeals from judgments entered upon his convictions of one count of statu... STATE of North Carolina v. James William JACOBS, Defendant. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 28 January 2009 by Judge Jesse B. Caldwell, III in Mecklenburg County Superior Court. Heard in the Court of Appeals 18 November 2009. Attorney General Roy Cooper, by Special Deputy Attorney General T. Lane Mallonee, for the State. Kimberly P. Hoppin for defendant-appellant. STEELMAN, Judge. When defendant failed to object to evidence admitted at trial, he cannot argue that it was error to admit such evidence for the first time on appeal. The... STATE of North Carolina v. Enrique HERNANDEZ. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 12 February 2009 by Judge Richard L. Doughton in Alleghany County Superior Court. Heard in the Court of Appeals 12 January 2010. Attorney General Roy Cooper, by Assistant Attorney General Leonard G. Green, for the State. Russell J. Hollers, III, for defendant-appellant. BRYANT, Judge. During the 9 February 2009 criminal session of Alleghany County Superior Court, a jury found defendant Enrique Hernandez guilty of first-degree murder. The tri... COMMUNITY ONE BANK, N.A. f/k/a First Gaston Bank, Plaintiff, v. William Guy BOWDEN and Jerry L. Kellar, Defendants. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 12 March 2009 by Judge Richard D. Boner in Gaston County Superior Court. Heard in the Court of Appeals 2 December 2009. Gray, Layton, Kersh, Soloman, Furr, & Smith, P.A., by Ted F. Mitchell, for defendant Jerry L. Kellar-appellant. Kellam & Pettit, P.A., by William Walt Pettit, for plaintiff-appellee. BRYANT, Judge. Defendant Jerry L. Kellar appeals from a trial court order entered 12 March 2009 granting plaintiff Community One Bank, N.A.'s ... Angelique THOMPSON, Petitioner, v. NORTH CAROLINA RESPIRATORY CARE BOARD, Respondent. , N.C.App., February 2, 2010 Appeal by Respondent from judgment entered 17 December 2008 by Judge Allen Baddour in Wake County Superior Court. Heard in the Court of Appeals 17 November 2009. Wyrick Robbins Yates & Ponton LLP, by K. Edward Greene, Tobias S. Hampson, and Edward Eldred, for Petitioner-Appellee. Poyner Spruill LLP, by William R. Shenton and Jessica M. Lewis, for Respondent-Appellant. BEASLEY, Judge. North Carolina Respiratory Care Board (Board) appeals an order affirming in part and modifying in pa... STATE of North Carolina v. Hosea NORMAN. , N.C.App., February 2, 2010 Appeal by Defendant from judgment entered 12 December 2008 by Judge Yvonne Mims Evans in Mecklenburg County Superior Court. Heard in the Court of Appeals 15 October 2009. Attorney General Roy Cooper, by Assistant Attorney General Amy Kunstling Irene, for the State. Mark Montgomery, for Defendant. BEASLEY, Judge. Defendant (Hosea Norman) appeals from an order denying him relief, following a hearing on the results of post-conviction DNA testing. We dismiss Defendant's appeal. In 19... BUILDERS MUTUAL INS. CO., Plaintiff, v. GLASCARR PROPERTIES, INC., Defendant. , N.C.App., February 2, 2010 Appeal by Defendant from order entered 6 February 2009 by Judge R. Stuart Albright in Guilford County Superior Court. Heard in the Court of Appeals 15 October 2009. Pinto Coates Kyre & Brown, PLLC, by John I. Malone, Jr., and David G. Harris, II, for Plaintiff-Appellee. Wyatt Early Harris Wheeler LLP, by Allison M. Meade, for Defendant- Appellant. BEASLEY, Judge. Defendant (Glascarr Properties, Inc.) appeals from judgment on the pleadings entered in favor of Plaintiff (Builders Mutu... Judy Metcalf DILLINGHAM, Petitioner, v. Clarence David DILLINGHAM, Respondent. , N.C.App., February 2, 2010 Appeal by respondent from order entered 7 November 2008 by Judge Dennis J. Winner in Buncombe County Superior Court. Heard in the Court of Appeals 26 October 2009. Robert J. Deutsch, P.A., by Robert J. Deutsch and Tikkun A.S. Gottschalk, for petitioner-appellee. Wyrick Robbins Yates & Ponton LLP, by K. Edward Greene, Tobias S. Hampson , and Edward Eldred, and C. Gary Triggs, P.A., by C. Gary Triggs, for respondent-appellant. MARTIN, Chief Judge. Judy Dillingham ("petitioner") and ... BROWN BROTHERS HARRIMAN TRUST CO., N.A., as Trustee of the Benson Trust, Plaintiff, v. Anne P. BENSON, as Grantor of the Benson Trust; John H. Benson, as Beneficiary under the Benson Trust; Anne H. Benson, as Beneficiary under the Benson Trust; Lin, N.C.App., February 2, 2010 Appeal by Defendant John H. Benson, individually and as legal representative of Anne H. Benson and Linley C. Benson, from order entered 26 February 2009 by Special Superior Court Judge Albert Diaz in Superior Court, Mecklenburg County. Heard in the Court of Appeals 15 October 2009. Culp Elliott & Carpenter, P.L.L.C., by William R. Culp, Jr., for Defendant- Appellant John H. Benson. Smith Moore Leatherwood LLP, by Lynn F. Chandler and Tanya N. Oesterreich, for Defendant-Appellee Anne P. Ben... Randy B. FREEMAN, Employee, Plaintiff, v. J.L. ROTHROCK, Employer, and North American Specialty, Carrier, Aequicap Claims Services, Inc. (Formerly Claims Control, Inc.) Administrator, Defendants-Appellants. , N.C.App., February 2, 2010 On remand to the Court of Appeals from an order of the Supreme Court of North Carolina reversing and remanding the decision in Freeman v. J.L. Rothrock, Inc., 189 N.C.App. 31, 657 S.E.2d 389 (2008), for consideration of the remaining assignments of error. Appeal by defendants from Opinion and Award of the Full Commission of the North Carolina Industrial Commission entered 9 November 2006. Originally heard in the Court of Appeals 18 September 2007. Jay Gervasi, P.A., by Jay A. Gervasi, Jr., fo... In the Matter of Janet CLARK. , N.C.App., February 2, 2010 Appeal by former ward and petitioner for restoration of former ward's competency from order entered 27 February 2008 by Judge Paul C. Ridgeway in Harnett County Superior Court. Heard in the Court of Appeals 8 April 2009. McLeod & Harrop, by Donald E. Harrop, Jr.; Jones & Jones, P.L.L.C. by Cecil B. Jones, for appellants. Wyrick, Robbins, Yates, & Ponton, LLP by, K. Edward Greene; Tobias S. Hampson, for appellee Booth, Harrington, & Johns, LLP. Bain, Buzzard & McRae, LLP by Robert A. Bu... STATE of North Carolina v. Brandi Ann HAAS. , N.C.App., February 2, 2010 Appeal by defendant from judgment entered 6 October 2008 by Judge V. Bradford Long in Randolph County Superior Court. Heard in the Court of Appeals 4 November 2009. Attorney General Roy Cooper, by Assistant Attorney General Angenette R. Stephenson, for the State. Michael J. Reece, for defendant-appellant. STEELMAN, Judge. Where an audio recording of a prior juvenile proceeding was available to all parties and the contents of the recording were not in question, the best evidence rule... Josie McIlwan BLACKWELL, Plaintiff, v. Timothy Allen HATLEY, Mike Mahaley in his official capacity, D. Reed Linn in his official capacity, Steve Rowland in his official capacity, The Town of Landis, Parkdale Mills Incorporated, Alliance Real Estate, N.C.App., February 2, 2010 Appeal by Plaintiff from judgments entered 11 September 2008 by Judge Larry G. Ford in Rowan County Superior Court. Heard in the Court of Appeals 17 September 2009. Gray, Johnson and Lawson, LLP, by Sharon M. Lawson-Davis, for Plaintiff. York Williams & Lewis, L.L.P., by Thomas E. Williams, and David R. DiMatteo, for Defendant Timothy Allen Hatley. BEASLEY, Judge. Plaintiff (Josie Blackwell) appeals from entry of summary judgment on her claims against Defendants. We affirm. This ... TRUSTEE SERVICES, INC., Petitioner, v. R.C. KOONTS AND SONS MASONRY, INC., Roy Clifton Koonts, III, David Craig Koonts and Edith L. Koonts, Respondents. , N.C.App., February 2, 2010 Appeal by Petitioner from order entered 19 December 2008 by Judge Richard L. Doughton in Davidson County Superior Court. Heard in the Court of Appeals 1 October 2009. Biesecker, Tripp, Sink & Fritts, L.L.P., by Joe E. Biesecker and Christopher A. Raines, for Petitioner-Appellant. Nachamie & Whitley, PLLC, by W. Darrell Whitley, for Respondents-Appellees. BEASLEY, Judge. Trustee Services, Inc. (Petitioner) appeals an order dismissing a petition to foreclose upon a deed of trust. For... Elizabeth Elaine PARDUE v. Michael BRINEGAR and wife, April B. Brinegar; Frances Brinegar. , N.C., January 29, 2010 Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, --- N.C.App. ----, 681 S.E.2d 435 (2009), affirming both an order denying plaintiff's motion for judgment notwithstanding the verdict and a judgment entered on 16 May 2008 by Judge Michael D. Duncan in District Court, Wilkes County. Heard in the Supreme Court 6 January 2010. McElwee Firm, PLLC, by John M. Logsdon, for plaintiff-appellant. Stone & Christy, P.A., by Bryant D. Webster, for def... STATE of North Carolina v. Joshua Carlen MOORE. , N.C., January 29, 2010 Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, --- N.C.App. ----, 671 S.E.2d 545 (2009), finding no error in a judgment entered 17 October 2007 by Judge Frank R. Brown in Superior Court, Edgecombe County, following a jury verdict finding defendant guilty of voluntary manslaughter. Heard in the Supreme Court 17 November 2009. Roy Cooper, Attorney General, by Jane Ammons Gilchrist, Assistant Attorney General, for the State. Thomas & Farri... Angell COPPER, by his mother and guardian ad litem, Sherry COPPER; Desmond Johnson, by his father and guardian ad litem, Wilmer Johnson; Eric Warren and Dion Warren, by their mother and guardian ad litem, Deann Warren; Joshua Thorpe, by his mother an, N.C., January 29, 2010 Holdings: The Supreme Court, Hudson, J., held that: (1) student had adequate remedy at state law to redress alleged injury, and (2) student's procedural due process rights were not violated. Reversed in part, discretionary review improvidently allowed in part. Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 193 N.C.App. 249, 667 S.E.2d 470 (2008), affirming in part and reversing in part an order entered 5 October 2006 by Judge Orla... Deborah Hampton BIRD v. James Calvin BIRD, II. , N.C., January 29, 2010 Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 193 N.C.App. 123, 668 S.E.2d 39 (2008), reversing an order granting summary judgment for plaintiff entered on 29 October 2007 by Judge Joseph E. Turner in District Court, Guilford County. On 5 February 2009, the Supreme Court allowed plaintiff's petition for discretionary review of additional issues. Heard in the Supreme Court 8 September 2009. Nix and Cecil, by Lee M. Cecil, for plaintiff-app... Andrea GREGORY, Employee v. W.A. BROWN & SONS, Employer, PMA Insurance Group, Carrier. , N.C., January 29, 2010 Holding: The Supreme Court, Newby, J., for reasons stated in dissenting opinion of Jackson, J., at the Court of Appeals, held that remand was necessary for Commission to make findings as to whether claimant had reasonable excuse for not providing written notice of injury and whether employer was prejudiced thereby. Reversed in part and remanded for further proceedings. Hudson, J., issued dissenting opinion in which Timmons-Goodson, J., joined. Appeal pursuant to N.C.G.S. § 7A-30(2) from ... John MAROSI, Executor of the Estate of Thomas J. Marosi, MD, Plaintiff v. M.F. HARRIS RESEARCH, INC., Defendant. , N.C.Super., January 28, 2010 THIS CAUSE, designated a complex business case by Order of the Chief Justice of the North Carolina Supreme Court, pursuant to N.C. Gen.Stat. § 7A- 45.4(b), and assigned to the undersigned Special Superior Court Judge for Complex Business Cases, by order of the Chief Special Superior Court Judge for Complex Business Cases, is before the court upon the Defendant's Motion for Summary Judgment, pursuant to Rule 56, North Carolina Rules of Civil Procedure ("Rule(s)"); and After considering the arg... PENTECOSTAL PILGRIMS and Strangers Corporation, Plaintiff, v. Mark E. CONNOR, Fonville Morisey Realty, Inc., and Mount Peace Baptist Church, Defendants. , N.C.App., January 19, 2010 Appeal by plaintiff from an order entered 10 September 2008 by Judge Carl Fox in Wake County Superior Court. Heard in the Court of Appeals 1 October 2009. The Shanahan Law Group, PLLC, by Kieran Shanahan, for plaintiff appellant. Wardell & Associates, PLLC, by Bryan E. Wardell, for Mount Peace Baptist Church defendant appellee. HUNTER, JR., ROBERT N., Judge. Plaintiff, Pentecostal Pilgrims and Strangers Corporation ("Pentecostal Pilgrims"), appeals from an order allowing the motion ... STATE of North Carolina v. Rebecca Arnold NEVILLE. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 25 June 2008 by Judge James E. Hardin, Jr., in Edgecombe County Superior Court. Heard in the Court of Appeals 17 September 2009. Attorney General Roy Cooper, by Assistant Attorney General Kevin Anderson, for the State. William D. Spence, for Defendant. BEASLEY, Judge. Defendant (Rebecca Neville) appeals from judgment entered upon her conviction of second-degree murder. We conclude the Defendant had a fair trial, free of reversible error. ... David SCHEERER, individually, and Mountain Life Realty, LLC, Plaintiffs- Appellants v. Jack FISHER, individually, and Renaissance Ventures, LLC, Highland Forest Partners, LLC, Defendants-Appellees. , N.C.App., January 19, 2010 Appeal by plaintiffs from order entered 13 November 2008 by Judge Ronald K. Payne in Haywood County Superior Court. Heard in the Court of Appeals 15 September 2009. Ridenour Law Firm, P.A., by Eric Ridenour and J. Hunter Murphy, for plaintiffs-appellants. Melrose, Seago & Lay, P.A., by Randal Seago, for defendants-appellees. CALABRIA, Judge. David Scheerer ("Scheerer") and Mountain Life Realty, LLC ("Mountain Life") (collectively "plaintiffs"), appeal an order dismissing plaintiffs... STATE of North Carolina v. Mark Anthony FLETCHER. , N.C.App., January 19, 2010 Appeal by defendant from judgment entered 4 February 2009 by Judge James M. Webb in Moore County Superior Court. Heard in the Court of Appeals 9 December 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Kathryne E. Hathcock, for the State. Leslie C. Rawls, for defendant-appellant. JACKSON, Judge. Mark Anthony Fletcher ("defendant") appeals the 4 February 2009 oral order denying his motion to suppress blood test results. For the reasons stated below, we affir... In the Matter of D.Y., B.M.T., J.A.T., Minor Children. , N.C.App., January 19, 2010 Appeal by respondent-mother from order entered 3 June 2009, nunc pro tunc 13 May 2009, by Judge John W. Dickson in Cumberland County District Court. Heard in the Court of Appeals 21 December 2009. Christy E. Wilhelm for respondent-appellant mother. John F. Campbell, for petitioner-appellee Cumberland County Department of Social Services. Pamela Newell Williams for guardian ad litem. STEPHENS, Judge. Respondent-mother appeals from a permanency planning order. For the following rea... The NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS, Plaintiff, v. E. Jean WOODS, D.D.S., Defendant. , N.C.App., January 19, 2010 Appeal by defendant from orders filed 2 January 2009 by Judge Narley Cashwell in Wake County Superior Court. Heard in the Court of Appeals 30 September 2009. Carolin Bakewell, for petitioner-appellee. Michaux & Michaux, P.A., by Eric C. Michaux, for defendant-appellant. STEELMAN, Judge. Appellant has failed to demonstrate that the trial court's order quashing her notices of deposition and subpoenas affected a substantial right, and the appeal of that order is dismissed. Appellant's ... Richard James LEE, Petitioner-Appellant, v. William C. GORE, Jr., as Commissioner of the Division of Motor Vehicles, North Carolina Department of Transportation, Respondent-Appellee. , N.C.App., January 19, 2010 Appeal by Petitioner from order entered 22 October 2008 by Judge Henry E. Frye, Jr. in Superior Court, Wilkes County. Heard in the Court of Appeals 27 October 2009. Richard J. Lee, J.D., LL.M., Petitioner-Appellant, pro se. Attorney General Roy Cooper, by Assistant Attorney General Jess D. Mekeel, for Respondent-Appellee. McGEE, Judge. Petitioner, a resident and registered driver of the State of Florida, was driving through Wilkes County just before midnight on 22 August 2007, when ... Richard Wayne BARFIELD, Plaintiff. v. NORTH CAROLINA DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, Defendant. , N.C.App., January 19, 2010 Appeal by defendant from order entered 8 January 2009 by the North Carolina Industrial Commission. Heard in the Court of Appeals 28 October 2009. James Michael Gay, for plaintiff-appellee. Attorney General Roy A. Cooper, by Special Deputy Attorney General, William H. Borden, for defendant-appellant. HUNTER, Robert C., Judge. Defendant North Carolina Department of Crime Control and Public Safety ("defendant") appeals the North Carolina Industrial Commission's 8 January 2009 order g... Luther G. BURTON, Administrator of the Estate of Walter Nicks Burton, Sr., Plaintiff, v. Tony A. WILLIAMS, Defendant. , N.C.App., January 19, 2010 Appeal by defendant from order entered 2 October 2008 by Judge Kenneth C. Titus in Durham County Superior Court. Heard in the Court of Appeals 4 November 2009. Woodruff, Reece & Fortner, by Gordon C. Woodruff, for plaintiff-appellee. Ta-Letta Bryant Saunders for defendant-appellant. HUNTER, ROBERT C., Judge. Defendant Tony A. Williams appeals from the trial court's directed verdict in favor of plaintiff Luther G. Burton, the administrator of the estate of Walter Nicks Burton, Sr. De... STATE of North Carolina v. Damien SMITH. , N.C.App., January 19, 2010 Appeal by defendant from judgment entered 17 October 2008 by Judge David S. Cayer in Mecklenburg County Superior Court. Heard in the Court of Appeals 13 October 2009. Attorney General Roy Cooper, by Assistant Attorney General J. Philip Allen, for the State. Kimberly P. Hoppin for defendant-appellant. BRYANT, Judge. Defendant Damien Smith appeals from convictions entered pursuant to a plea agreement for first-degree kidnapping, second-degree sexual offense, and robbery with a dangero... STATE of North Carolina v. Paul Joseph SALVETTI. , N.C.App., January 19, 2010 Appeal by defendant from an order denying a motion to withdraw his plea entered 10 October 2008 by Judge L. Todd Burke in Forsyth County Superior Court. Heard in the Court of Appeals 17 September 2009. Attorney General Roy Cooper, by Assistant Attorney General R. Kirk Randleman, for the State. Appellate Defender Staples Hughes, for defendant appellant. HUNTER, JR., ROBERT N., Judge. On 6 October 2008, defendant, Paul Joseph Salvetti, entered an Alford guilty plea to one count of Cla... STATE of North Carolina v. Dimitry SIMONOVICH. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 7 August 2008 by Judge James U. Downs in Superior Court, Buncombe County. Heard in the Court of Appeals 27 October 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Richard L. Harrison, for the State. M. Alexander Charns for Defendant-Appellant. McGEE, Judge. Dimitry Simonovich (Defendant) was convicted on 7 August 2008 of second-degree murder of his wife, Inna Simonovich (Inna). The trial court sentenced Defendant to an ... STATE of North Carolina v. Ahmed Abdul RAHAMAN aka Sandy Marsh, Defendant. , N.C.App., January 19, 2010 Appeal by defendant from judgment entered 25 September 2008 by Judge W.O. Smith in Lee County Superior Court. Heard in the Court of Appeals 28 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General LaToya B. Powell, for the State. William D. Spence, for defendant-appellant. HUNTER, Robert C., Judge. Ahmed Abdul Rahaman ("defendant"), also known as Sandy Marsh, appeals from a jury verdict finding him guilty of felonious possession of stolen property. Subseq... ASHEVILLE JET, INC., d/b/a Million Air Asheville, Plaintiff-Appellee, v. The CITY OF ASHEVILLE, North Carolina Municipal Corporation; Asheville Regional Airport Authority; and The County of Buncombe, Defendants-Appellants. , N.C.App., January 19, 2010 Appeal by Defendants from order entered 15 September 2008 by Judge J. Marlene Hyatt in Superior Court, Buncombe County. Heard in the Court of Appeals 19 August 2009. Roberts & Stevens, P.A., by Sarah Patterson Brison and Jacqueline D. Grant, for Plaintiff-Appellee. Asheville City Attorney's Office, by City Attorney Robert W. Oast, Jr. and Associate City Attorney Kelly L. Whitlock, for Defendant-Appellant City of Ashville. Womble Carlyle Sandridge & Rice, P.L.L.C, by James R. Morgan, Jr.... STATE of North Carolina v. Derrick WHEELER. , N.C.App., January 19, 2010 Appeal by Defendant from judgments and commitment entered 17 October 2008 by Judge Thomas D. Haigwood in Superior Court, Pitt County. Heard in the Court of Appeals 2 December 2009. Attorney General Roy Cooper, by Assistant Attorney General John A. Payne, for the State. Russell J. Hollers III for Defendant-Appellant. STEPHENS, Judge. I. Factual Background and Procedural History On 28 January 2008, a Pitt County Grand Jury returned bills of indictment against Defendant for the crimes o... STATE of North Carolina v. Curley JACOBS and Bruce Lee McMillian. , N.C.App., January 19, 2010 On remand from the North Carolina Supreme Court in 363 N.C. 576, 681 S.E.2d 339 (2009) (per curiam ), vacating and remanding the decision of the Court of Appeals, State v. Jacobs, 193 N.C.App. 602, 668 S.E.2d 346 (2008), for reconsideration of the issue of harmless error consistent with State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006), cert. denied, Blackwell v. North Carolina, 550 U.S. 948, 167 L.Ed.2d 1114 (2007). Appeal by defendants from judgments entered 29 September 2003 by Judge Gar... Demetriss GARNER, Plaintiff, v. Sherman H. CHEEK, Defendant. , N.C.App., January 19, 2010 Appeal by Plaintiff from amended judgment entered 14 November 2008 by Judge Jane P. Gray in Wake County District Court. Heard in the Court of Appeals 3 September 2009. White & Stradley, LLP, by Robert P. Holmes for Plaintiff-Appellant. Law Offices of Douglas F. DeBank, by Douglas F. DeBank for Defendant- Appellee. BEASLEY, Judge. Demetriss Garner (Plaintiff) appeals from the judgment amending a default judgment against Sherman Cheek (Defendant). For the reasons stated below, we affi... Michael FAIRBANKS as gal for lucas fairbanks, a Minor, Michael Fairbanks, and Donna Fairbanks, Individually, Plaintiffs, v. Michaela Dionne BREWINGTON, Edinburgh Homeowners Association and Association Management Group, Inc., Defendants. , N.C.App., January 19, 2010 Appeal by Plaintiff from order entered 19 September 2008 by Judge Cressie H. Thigpen, Jr., in Superior Court, Guilford County. Heard in the Court of Appeals 15 September 2009. Mark V.L. Gray, for Plaintiff-Appellant. Gregory A. Wendling, for Defendants-Appellees. WYNN, Judge. To establish a prima facie case of negligence liability, a plaintiff must first show that a defendant owed him a duty of care. [FN1] Here, Plaintiffs contend that Defendants owed a duty to "trim back or remove"... Horace K. POPE, Jr., Employee, Plaintiff, Appellee, v. JOHNS MANVILLE, Employer, St. Paul Travelers Indemnity Company, Carrier- Defendant, Defendants-Appellants. , N.C.App., January 19, 2010 Appeal by Defendants from Opinion and Award entered 7 November 2008 by the North Carolina Industrial Commission. Heard in the Court of Appeals 16 September 2009. Wallace and Graham, P.A., BY Michael B. Pross, for Plaintiff-Appellee. Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Deepa P. Tungare and Jeffrey A. Kadis, for Defendant-Appellant. ERVIN, Judge. Johns Manville and Travelers Indemnity Company (collectively, Defendants) appeal from an Opinion and Award of the North Caro... In the Matter of M.J.P. , N.C.App., January 19, 2010 Appeal by Respondent from order entered 28 April 2009 by Judge Denise S. Hartsfield in Forsyth County District Court. Heard in the Court of Appeals 21 December 2009. Charlotte Gail Blake for Respondent-Appellant Mother. Womble Carlyle Sandridge & Rice, by Murray C. Greason, III, for Guardian ad Litem-Appellee. Theresa Boucher, Assistant County Attorney, for Petitioner-Appellee Forsyth County Department of Social Services. STEPHENS, Judge. Respondent Mother appeals from the trial ... In the Matter of P.P., M.P. , N.C.App., January 19, 2010 Appeal by respondent-mother from orders entered 28 May 2009 by Judge Joseph A. Blick, Jr., in Pitt County District Court. Heard in the Court of Appeals 21 December 2009. Pitt County Legal Department, by Nikki R. Walker, for petitioner-appellee Pitt County Department of Social Services. Michael J. Reece, for respondent-appellant mother. Pamela Newell Williams, for guardian ad litem. CALABRIA, Judge. Respondent-mother ("respondent") appeals from the district court's orders entered ... In the Matter of E.G. and M.G. , N.C.App., January 19, 2010 Appeal by respondent-father from order entered on or about 1 June 2009 by Judge R. Greg Horne in District Court, Avery County. Heard in the Court of Appeals 21 December 2009. Hall & Hall Attorneys at Law, P.C., by Douglas L. Hall, for appellee Avery County Department of Social Services. Cranfill Sumner & Hartzog LLP, by Donna R. Rascoe, for appellee Guardian Ad Litem. Richard E. Jester, for respondent-appellant father. STROUD, Judge. Respondent-father appeals from an order termin... In the Matter of E.L. , N.C.App., January 19, 2010 Appeal by Juvenile from an adjudication order entered 17 October 2008 by Judge James K. Roberson in District Court, Alamance County, and a disposition order entered 17 February 2009 by Judge Sherry F. Alloway in District Court, Guilford County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Assistant Attorney General LaToya B. Powell, for the State. Mary McCullers Reece for Juvenile-Appellant. McGEE, Judge. E.L. (Juvenile) appeals from orders adjudic... STATE of North Carolina v. Mickey James DEWALT. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 12 January 2009 by Judge Ronald E. Spivey in Superior Court, Forsyth County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Assistant Attorney General Floyd M. Lewis, for the State. Paul Y.K. Castle, for Defendant-Appellant. McGEE, Judge. Mickey James Dewalt (Defendant) appeals from judgment entered upon revocation of probation. Defendant pleaded guilty on 22 August 2006 to one count of possession with intent... STATE of North Carolina v. Jonathan Lee WELLS. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 30 October 2008 by Judge V. Bradford Long in Superior Court, Randolph County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Assistant Attorney General Amy L. Funderburk, for the State. Moser Schmidly & Roose, by Richard G. Roose, for Defendant-Appellant. McGEE, Judge. Jonathan Lee Wells (Defendant) appeals a jury verdict of guilty of two counts of taking indecent liberties with a child. Defendant contends th... STATE of North Carolina v. Roderick Demain GATLING. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 16 October 2008 by Judge Kenneth C. Titus in Superior Court, Durham County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Assistant Attorney General Tina A. Krasner, for the State. Jarvis John Edgerton, IV for Defendant-Appellant. McGEE, Judge. Roderick Demain Gatling (Defendant) appeals from judgment consistent with jury verdicts finding him guilty of trafficking in heroin by possession, conspiracy to commi... STATE of North Carolina v. Brent William JACOBY. , N.C.App., January 19, 2010 Appeal by Defendant from judgments entered 4 September 2008 by Judge Dennis J. Winner in Superior Court, Buncombe County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Assistant Attorney General Seth P. Rosebrock, for the State. Kimberly P. Hoppin, for Defendant-Appellant. McGEE, Judge. Brent William Jacoby (Defendant) appeals from judgments entered revoking his probation and activating his suspended sentences. Defendant pleaded guilty to two cou... STATE of North Carolina v. Gary Brian WHITLOCK. , N.C.App., January 19, 2010 Appeal by defendant from judgment dated 4 March 2009 by Judge Ronald E. Spivey in Forsyth County Superior Court. Heard in the Court of Appeals 2 December 2009. Attorney General Roy Cooper, by Assistant Attorney General Judith Tillman, for the State. Leslie C. Rawls for defendant-appellant. BRYANT, Judge. On 2 March 2009, a jury found defendant Gary Brian Whitlock guilty of common law robbery and assault by strangulation. The trial court sentenced defendant to prison terms of 20 to 2... STATE of North Carolina v. Barry Bevionta RICHARDSON. , N.C.App., January 19, 2010 Appeal by defendant from judgment entered 18 February 2009 by Judge Lindsay R. Davis, Jr., in Forsyth County Superior Court. Heard in the Court of Appeals 9 December 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Ted R. Williams, for the State. Michael J. Reece for defendant. BRYANT, Judge. At the 16 February 2009 criminal session of Forsyth County Superior Court, a jury convicted defendant Barry Bevionta Richardson of robbery with a firearm. The trial court s... Nancy BRICKER, Employee, Plaintiff, v. RHONEY FURNITURE HOUSE, Employer, Selective Insurance CO., Carrier, Defendants. , N.C.App., January 19, 2010 Appeal by defendants from Opinion and Award filed 9 December 2008 by the North Carolina Industrial Commission. Heard in the Court of Appeals 17 September 2009. Rudisill, White & Kaplan, P.L.L.C., by Garth H. White and John R. Blythe, for defendant-appellants. Randy D. Duncan for plaintiff-appellee. ROBERT N. HUNTER, JR., Judge. In an Opinion and Award filed 9 December 2008, the Full Commission of the North Carolina Industrial Commission (the "Full Commission") determined that Nancy ... In the Matters of H.A.G.S. and E.M.C.S., Minor Children. , N.C.App., January 19, 2010 Appeal by respondents from order entered 23 April 2009 by Judge Mitchell L. McLean in Wilkes County District Court. Heard in the Court of Appeals 21 December 2009. Paul W. Freeman, Jr., for petitioner-appellee Wilkes County Department of Social Services. Pamela Newell Williams, North Carolina Guardian ad Litem Program, for guardian ad litem. Michael E. Casterline, for respondent-appellant mother. Jeffrey L. Miller, for respondent-appellant father. CALABRIA, Judge. Amanda S. ("Mot... STATE of North Carolina v. Kelvin McGarrett WHITE. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 13 November 2008 by Judge Jerry Cash Martin in Superior Court, Catawba County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Anne J. Brown and Associate Counsel John R. Corne, for the State. Glenn, Mills, Fisher & Mahoney, P.A., by Carlos E. Mahoney, for Defendant. McGEE, Judge. Kelvin McGarrett White (Defendant) appeals from a judgment dated 13 November 2008 and entered pursu... Judy Carol Horne HOLLAND, and A.F. Horne, Jr. v. Coy HORNE, individually and in his Capacity as Executor of the Estate of Mary Helen Treadaway Horne, William Horne, and William Stewart Thomas. , N.C.App., January 19, 2010 Appeal by Plaintiffs from order entered 12 November 2008 by Judge D. Jack Hooks, Jr. in Superior Court, Scotland County. Heard in the Court of Appeals 13 October 2009. McCoy Weaver Wiggins Cleveland Rose Ray, PLLC, by Richard M. Wiggins, for Plaintiff-Appellants. Narron, O'Hale and Whittington, P.A., by James W. Narron, for Defendant- Appellees. WYNN, Judge. "A testator who desires to prevent lapse must express such intent or provide for substitution of another devisee in language s... STATE of North Carolina v. Kenneth Latrell REVELS. , N.C.App., January 19, 2010 Appeal by defendant from judgments entered 21 August 2008 by Judge D. Jack Hooks in Scotland County Superior Court. Heard in the Court of Appeals 16 September 2009. Attorney General Roy Cooper, by Assistant Attorney General Catherine F. Jordan, for State. Irving Joyner, for defendant. ERVIN, Judge. I. Substantive Factual Background A. State's Evidence At approximately 11:00 p.m. on 31 August 2007, Kimberly McCauley was on the phone inside her one-bedroom apartment when she heard a lo... STATE of North Carolina v. Tad William DEXTER. , N.C.App., January 19, 2010 Appeal by Defendant from judgments entered 29 September 2008 by Judge Phyllis M. Gorham in Pamlico County Superior Court. Heard in the Court of Appeals 17 September 2009. Attorney General Roy A. Cooper, by Assistant Attorney General, Christopher H. Wilson, for the State. Paul Y.K. Castle, for Defendant. BEASLEY, Judge. Tad William Dexter (Defendant) appeals from judgments entered revoking his probation and reinstating his original sentence. For the reasons stated below, we affirm. ... Helen K. SPERRY, Plaintiff, v. KOURY CORPORPATION, Employer-Defendant, and Selective Insurance Company, Carrier-Defendant. , N.C.App., January 19, 2010 Appeal by Plaintiff from Opinion and Award of the North Carolina Industrial Commission entered 3 February 2009. Heard in the Court of Appeals 30 September 2009. Law Offices of Kathleen G. Sumner, by Kathleen G. Sumner and Jeanette F. Gray, for Plaintiff. Rudisill, White & Kaplan, P.L.L.C., by Bradley H. Smith, for Defendants. ERVIN, Judge. Plaintiff Helen K. Sperry appeals from the 3 February 2009 Opinion and Award of the North Carolina Industrial Commission affirming with modificat... Tina Marie HUDSON (Lail), Plaintiff, v. Ronnie Joe LAIL, Defendant; and Claudine Annette Hudson, Plaintiff, v. Tina Marie Hudson Lail and Ronnie Joe Lail, Defendants. , N.C.App., January 19, 2010 Appeal by intervenor-plaintiff from an order entered 5 May 2008 by Judge Mack Brittain in Transylvania County District Court. Heard in the Court of Appeals 5 May 2009. No brief filed for Tina Marie Hudson Lail, mother. No brief filed for Ronnie Joe Lail, father. Donald H. Barton, P.C., by Donald H. Barton, for intervenor-plaintiff- appellant. JACKSON, Judge. Claudine Annette Hudson ("intervenor") appeals from an order from the trial court entered 5 May 2008 granting her primary phys... Steven FEIERSTEIN & Lisa Feierstein, Plaintiffs-Appellees, v. N.C. DEPT. OF ENVIRONMENTAL & NATURAL RESOURCES, Defendant-Appellant. , N.C.App., January 19, 2010 Appeal by defendant from opinion and award entered 31 July 2008 by the Industrial Commission. Heard in the Court of Appeals 6 May 2009. George B. Daniel, P.A., by George B. Daniel, and Everett Gaskins Hancock & Stevens, LLP, by Michael J. Tadych and James M. Hash, for plaintiff. Attorney General Roy Cooper, by Assistant Attorney General Dahr Joseph Tanoury, for the State. ELMORE, Judge. This case involves a septic permit issued in 1987 by an agent of the North Carolina Department of... STATE of North Carolina v. Terrence Jamal SMITH. , N.C.App., January 19, 2010 Appeal by Defendant from judgments entered 13 October 2008 by Judge Richard D. Boner in Mecklenburg County Superior Court. Heard in the Court of Appeals 29 October 2009. Attorney General Roy Cooper, by Assistant Attorney General Philip A. Lehman, for the State. Marilyn G. Ozer, for Defendant. STEPHENS, Judge. I. Procedural History On 16 October 2006, Defendant Terrence Jamal Smith was indicted on one count of murder and one count of possession of a stolen vehicle. The case came on fo... STATE of North Carolina v. Michael MORGAN. , N.C.App., January 19, 2010 Appeal by Defendant from judgments entered 11 March 2009 by Judge W. Robert Bell in Superior Court, Mecklenburg County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Assistant Attorney General Jason T. Campbell, for the State. William D. Auman for Defendant-Appellant. McGEE, Judge. Michael Morgan (Defendant) appeals from judgments entered after a jury found him guilty of robbery with a dangerous weapon, felony fleeing to elude arrest, resisting a pu... In the Matter of M.C.S. & K.R.S. , N.C.App., January 19, 2010 Appeal by respondent-appellant from order entered 13 May 2009 by Judge Monica Bousman in District Court, Wake County. Heard in the Court of Appeals 21 December 2009. Office of the Wake County Attorney, by Roger A. Askew and Scott W. Warren, for petitioner-appellee Wake County Human Services. Susan F. Vick, for guardian ad litem. Lucas & Ellis, PLLC, by Anna S. Lucas, for respondent-appellant. STROUD, Judge. Respondent-appellant appeals from the trial court's order terminating his... In the Matter of Marjorie GREGORY, Respondent. , N.C.App., January 19, 2010 Appeal by Appellant from an order entered 5 February 2009 by Judge Michael R. Morgan in Superior Court, Forsyth County. Heard in the Court of Appeals 1 December 2009. Randolph and Fischer, by J. Clark Fischer, for Appellant. Office of Forsyth County Attorney, by Gloria L. Woods, for Appellee. WYNN, Judge. In this appeal, Lewis Gregory challenges the trial court's order upholding his removal as guardian of the person for his wife, Marjorie Gregory. He "requests that the order removin... STATE of North Carolina v. Michael Felton HOSCH, Jr., Defendant. , N.C.App., January 19, 2010 Appeal by defendant from judgments entered 21 November 2008 by Judge Michael E. Beale in Cleveland County Superior Court. Heard in the Court of Appeals 4 November 2009. Attorney General Roy Cooper, by Assistant Attorney General Kathleen N. Bolton, for the State. Mercedes O. Chut for defendant-appellant. HUNTER, Robert C., Judge. Defendant Michael Felton Hosch, Jr. appeals his convictions for first degree burglary, conspiracy to commit robbery with a firearm, and robbery with a firea... STATE OF NORTH CAROLINA v. Francisco Javier BERRIO. , N.C.App., January 19, 2010 Appeal by defendant from judgment entered 2 October 2008 by Judge Calvin E. Murphy in Union County Superior Court. Heard in the Court of Appeals 4 November 2009. Attorney General Roy Cooper, by Assistant Attorney General Anita LeVeaux, for the State. McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III and Kirby H. Smith, III, for defendant-appellant. CALABRIA, Judge. Francisco Javier Berrio ("defendant") appeals a judgment entered upon jury verdicts finding him guilty of two c... STATE of North Carolina v. Maurice MURDOCK, Defendant. , N.C.App., January 19, 2010 Appeal by defendant from order entered 27 June 2008 by Judge Kimberly S. Taylor in Iredell County Superior Court. Heard in the Court of Appeals 28 October 2009. Attorney General Roy Cooper, III, by Assistant Attorney Lisa Y. Harper, for the State. Winifred H. Dillon for defendant-appellant. HUNTER, ROBERT C., Judge. Defendant appeals from an order entered 27 June 2008, which required defendant to enroll in lifetime satellite-based monitoring ("SBM"). On appeal, defendant contends th... STATE of North Carolina v. Kenna Boyd MILLSAP. , N.C.App., January 19, 2010 Appeal by Defendant from judgments entered 18 September 2008 by Judge J. Marlene Hyatt in Superior Court, Buncombe County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Assistant Attorney General, Karissa J. Davan, for the State. Faith S. Bushnaq, for Defendant-Appellant. McGEE, Judge. Defendant appeals from judgments entered on 18 September 2008 revoking her probation and activating three consecutive six to eight month sentences. Defendant plead... STATE of North Carolina v. Melissa Jacqlenne STADLER. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 9 February 2009 by Judge James C. Spencer, Jr. in Superior Court, Alamance County. Heard in the Court of Appeals 30 December 2009. Attorney General Roy Cooper, by Assistant Attorney General M. Lynne Weaver, for the State. J. Clark Fischer for Defendant-Appellant. McGEE, Judge. Melissa Jacqlenne Stadler (Defendant) appeals from judgment entered after a jury returned a guilty verdict for robbery with a dangerous weapon. We find no prejudicial ... STATE of North Carolina v. John Mark JONES. , N.C.App., January 19, 2010 Appeal by Defendant from judgments entered 18 December 2008 by Judge R. Stuart Albright in Superior Court, Forsyth County. Heard in the Court of Appeals 27 October 2009. Attorney General Roy Cooper, by Assistant Attorney General Kathleen N. Bolton, for the State. Parish, Cooke & Condlin, by James R. Parish, for Defendant. McGEE, Judge. John Mark Jones (Defendant) and Heather Pearce (Pearce) had been in a tumultuous relationship for approximately two years prior to 2006. Defendant is... Douglas Lee HUSKETH, Jr., Plaintiff-Appellant, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Defendant-Appellee. , N.C.App., January 19, 2010 Appeal by Plaintiff from decision and order entered 22 April 2008 by the North Carolina Industrial Commission. Heard in the Court of Appeals 3 November 2009. Douglas Lee Husketh, Jr., Plaintiff-Appellant, pro se. No brief filed by Defendant-Appellee. McGEE, Judge. Plaintiff filed an affidavit for a claim of damages under the Tort Claims Act, N.C. Gen.Stat. § 143-291 et seq. (2005), on 5 January 2006 with the North Carolina Industrial Commission. Plaintiff claimed in his affidavit th... STATE of North Carolina v. Alfredo ALVARDO. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 3 May 2007 by Judge James E. Hardin Jr. in Superior Court, Montgomery County. Heard in the Court of Appeals 13 October 2009. Attorney General, Roy Cooper, by Assistant Attorney General Scott K. Beaver, for the State. Thomas R. Sallenger, for Defendant Appellant. WYNN, Judge. In cases where a defendant lacks exclusive control over an area in which narcotics are found, the State must show other incriminating circumstances before constructive p... STATE of North Carolina v. James Henry CONLEY. , N.C.App., January 19, 2010 Appeal by defendant from judgment dated 29 August 2008 by Judge Ola M. Lewis in Robeson County Superior Court. Heard in the Court of Appeals 1 October 2009. Attorney General Roy Cooper, by Assistant Attorney General Steven F. Bryant, for the State. Paul F. Herzog for defendant-appellant. Robert N. HUNTER, JR., Judge. A jury convicted James Henry Conley ("defendant") of first-degree murder on 29 August 2008 for killing Clem Jones ("C.Z."). Defendant appeals arguing that his murder in... STATE of North Carolina v. Jamonte Dion BAKER. , N.C.App., January 19, 2010 Appeal by Defendant from judgments entered 10 October 2008 by Judge Albert Diaz in Superior Court, Mecklenburg County. Heard in the Court of Appeals 13 October 2009. Attorney General Roy Cooper, by Assistant Attorney General Jacqueline M. Perez, for the State. Hartsell & Williams, P.A., by Christy E. Wilhelm, for Defendant-Appellant. McGEE, Judge. Jamonte Dion Baker (Defendant) was convicted of felonious breaking or entering, felonious larceny after breaking or entering, felonious c... Stephanie CALLANAN, Plaintiff, v. Brian A. WALSH, Defendant. , N.C.App., January 19, 2010 Appeal by Plaintiff from order entered 5 November 2008 by Judge Robert S. Cilley in District Court, Transylvania County. Heard in the Court of Appeals 15 October 2009. Donald H. Barton, for Plaintiff-Appellant. Adams Hendon Carson Crow & Saenger, P.A., by Joy McIver, for Defendant- Appellee. STEPHENS, Judge. This matter was previously heard and a decision was rendered by this Court on 16 August 2005. Callanan v. Walsh, 172 N.C.App. 591, 616 S.E.2d 693, 2005 WL 1949881 (2005) (unpubl... Thomas KUCMIERZ, Plaintiff, v. FOUR OAKS BANK & TRUST COMPANY, Defendant. , N.C.App., January 19, 2010 Appeal by plaintiff from orders entered 25 February 2009 by Judge A. Leon Stanback, Jr. in Wake County Superior Court. Heard in the Court of Appeals 12 October 2009. Harris, Winfield, Sarratt & Hodges, LLP, by John L. Sarratt, for plaintiff- appellant. Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, by Wayne K. Maiorano, and Jang H. Jo, for defendant-appellee. MARTIN, Chief Judge. Plaintiff Thomas Kucmierz appeals from the trial court's orders granting defendant Four Oak... JOINT REDEVELOPMENT COMMISSION OF the COUNTY OF PASQUOTANK and The City of Elizabeth City, North Carolina, Plaintiff, v. Mary F. JACKSON-HEARD and Barbara B. Seaforth, Defendants. , N.C.App., January 19, 2010 Appeal by defendants from judgment entered 15 July 2008 by Judge Alma L. Hinton in Pasquotank County Superior Court. Heard in the Court of Appeals 19 August 2009. Hornthal, Riley, Ellis & Maland, L.L.P., by Benjamin M. Gallop and John D. Leidy, for plaintiff-appellee. Mary F. Jackson-Heard and Barbara B. Seaforth, pro se defendant-appellants. ERVIN, Judge. Mary F. Jackson-Heard and Barbara B. Seaforth appeal from the Order Directing Verdict and Final Judgment entered by the trial co... STATE of North Carolina v. Russell Edward SMITH. , N.C.App., January 19, 2010 Appeal by Defendant from judgment entered 19 August 2008 by Judge William Z. Wood, Jr. in Superior Court, Guilford County. Heard in the Court of Appeals 27 October 2009. Attorney General Roy Cooper, by Assistant Attorney General David N. Kirkman, for the State. Duncan B. McCormick for Defendant-Appellant. McGEE, Judge. Russell Edward Smith (Defendant) and his wife, Susan Smith (Mrs. Smith), were married in 1967. Mrs. Smith began working for Royal Carolina, a textile finishing compan... Johnathan BALTZELL and Tracy Baltzell, Plaintiffs, v. Paul DOWDY, Ladelle M. Dowdy, Neil Taft, Mecklenburg County, Amerispec Universal home Inspections, Inc., and Richard Kettle, Defendants. , N.C.App., January 19, 2010 Appeal by plaintiffs from order entered 29 September 2008 by Judge Jesse B. Caldwell, III in Mecklenburg County Superior Court. Heard in the Court of Appeals 19 August 2009. Law Office of Laura H. Budd, PLLC, by Laura H. Budd, for plaintiff- appellants. Ruff, Bond, Cobb, Wade & Bethune, LLP, by Robert S. Adden, Jr., for defendant-appellee Mecklenburg County. STEELMAN, Judge. Where plaintiffs failed to allege Mecklenburg County had waived governmental immunity by purchasing insurance... Nancy Elaine SNOW, Plaintiff, v. WAKE FOREST UNIVERSITY BAPTIST MEDICAL CENTER, and North Carolina Baptist Hospital, Defendants. , N.C.App., January 19, 2010 Appeal by plaintiff from order entered 5 August 2008 by Judge Catherine C. Eagles in Superior Court, Forsyth County. Heard in the Court of Appeals 29 September 2009. George B. Daniel, P.A., by George B. Daniel, for plaintiff-appellant. Brinkley Walser, PLLC, by Bradley S. Hunt, and Wilson, Helms & Cartledge, LLP, by Lorin J. Lapidus, for defendants-appellees. WYNN, Judge. This appeal arises from a trial court order, granting summary judgment in favor of Wake Forest University Baptis... Stephanie RIEPER, Plaintiff, v. Dexter PEARCE, Defendant. , N.C.App., January 19, 2010 Appeal by plaintiff from order entered 1 May 2008 by Judge Orlando F. Hudson, Jr. in Superior Court, Wake County. Heard in the Court of Appeals 1 September 2009. Kline Law Office, PC, by Ray M. Kline, for plaintiff-appellant. Yates, McLamb & Weyher, L.L.P., by John T. Honeycutt, for defendant- appellee. WYNN, Judge. "In this state, a plaintiff's contributory negligence is a bar to recovery from a defendant who commits an act of ordinary negligence." [FN1] Here, Plaintiff Stephanie ... Leland DAVIS, Plaintiff, v. Frank COOK and Lorene Cook, Defendants. , N.C.App., January 19, 2010 Appeal by plaintiff from judgment entered 18 September 2008 by Judge C. Phillip Ginn in Cherokee County Superior Court. Heard in the Court of Appeals 1 September 2009. Koehler & Cordes, PLLC, by Stephen D. Koehler, for plaintiff. Defendants appeared pro se. ELMORE, Judge. Leland Davis (plaintiff) appeals from an order granting summary judgment to him. We affirm. Plaintiff made two loans to Frank and Lorene Cook (defendants), in exchange for which defendants executed two promissor... Vickie KLUTTZ (Formerly Walker), Plaintiff, v. NEXT SAFETY, INC., Defendant. , N.C.App., January 19, 2010 Appeal by defendant from order entered 30 September 2008 by Judge Edgar B. Gregory in Superior Court, Ashe County. Heard in the Court of Appeals 1 September 2009. Bruce L. Kaplan, for plaintiff-appellee. Simpson Kuehnert Vinay & Jones, P.A., by Louis E. Vinay Jr., for defendant- appellant. WYNN, Judge. Facts admitted as a result of a party's failure to respond to a properly served, written request for admissions are sufficient to support a trial court's grant of summary judgment. [F... © 2010 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com