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| State v. Torres, NO. COA04-1578,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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| State v. Williams, NO. COA05-375,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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| State v. Willis, NO. COA05-569,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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| Stavissky v. Comark, Inc., NO. COA05-176,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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| Sylva Shops, Ltd. P'ship v. Hibbard, NO. COA04-1485,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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Overview: Since a clause in the parties' commercial lease specified that the lessor had no obligation to mitigate, and the clause was not contrary to law or public policy, the trial court should have awarded the amount determined to be the lessor's total damages prior to any set-off for a failure to mitigate.
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| Thompson v. Fed. Express Ground, NO. COA05-34,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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Overview: Where employee's appeal did not assign as error commission's finding that her motion to approve osteopath's treatment was "not timely filed," that finding was binding on appeal. Employee failed to obtain commission approval of osteopath within reasonable time, so under N.C. Gen. Stat. § 97-25, employer was not required to pay for treatments.
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| Van Reypen Assocs. v. Teeter, NO. COA05-515,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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Overview: While driver was an interested person as a named party, his affidavit was proper support for summary judgment motion since it was not inherently suspect and facts contained in it were not peculiarly within his knowledge. Statements of third parties in pleadings and discovery could not have been relied on in ruling on summary judgment motion.
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| Warren v. Warren, NO. COA04-1555,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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Overview: Although the trial court did not order an in-kind distribution of the land, it erred as it made no findings of fact or conclusions of law regarding the in-kind presumption and whether it was rebutted, under N.C. Gen. Stat. § 50-20(e). Nor did it make findings regarding the N.C. Gen. Stat. § 50-20(c) factors for equitable property distribution.
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| Weaver-Sobel v. Sobel, NO. COA04-474,
COURT OF APPEALS OF NORTH CAROLINA, January 17, 2006, Filed
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