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| Bowser v. Durham Herald Co., NO. COA06-421,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: In a case in which a county commissioner sued a newspaper for defamation, summary judgment in favor of the newspaper was properly granted. The newspaper's choice of language in an article that the commissioner "attempted to pressure" a county employee to help the commissioner's friend was a fair one.
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| Brown v. Brown, NO. COA06-491,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Whether the trial court erred in denying the father's motion for reimbursement of sums that the father paid to purge himself of contempt of court order later found to be invalid depended on whether equitable factors existed to warrant a set off, which was a matter that the trial court had to consider on remand of case to it.
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| Caldwell v. Branch, NO. COA06-94,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Where dominant tract owners and their predecessors used and maintained a driveway across a servient tract since at least 1971 without permission or objection, they were entitled to a prescriptive easement because the use of the driveway was open, notorious, hostile, and adverse and the 20-year requirement was met.
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| Cash v. Lincare Holdings, NO. COA06-77,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Industrial Commission properly affirmed a decision awarding a therapist medical treatment pursuant to N.C. Gen. Stat. § 97-25 (2005), as the treatment was in the nature of an emergency, and the therapist had already sought authorization from the Commission prior to obtaining the care on his own.
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| Deem v. HBE Corp., NO. COA06-381,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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| Foster v. Crandell , NO. COA05-1140,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Because no final judgments were made on any claim for relief with regard to partial summary judgment rendered in favor of defendants in a medical malpractice action, plaintiffs' appeals were dismissed as was defendants' appeal.
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| Gilreath v. Yellow Cab of Charlotte, NO. COA06-262,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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| Hill v. Hill, NO. COA06-331,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: One child was not entitled to jury trial on his N.C. R. Civ. P. 11 motion for sanctions alleging that counterclaim was filed for an improper purpose; N.C. Const. art. I, § 25, stating that right to jury trial applied only to actions respecting property, did not apply to sanctions one child sought, which did not involve action respecting property.
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| Hollin v. Johnston County Council on Aging, NO. COA06-310,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Where an employee was involved in a car accident while driving from her residence to the home of her first patient for the day, under the Workers' Compensation Act, she was acting within the course of her employment because she was required to use her private vehicle as part of her employment and she was injured going to work.
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