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   State Courts - North Carolina - February 7, 2006

  
In re S.W., NO. COA05-596, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: Although trial court's written termination order did not comply with requirements of N.C. Gen. Stat. § 7B-1109(e), mother failed to show prejudice and thus, assignment of error was overruled. Child's social worker could testify to statements made to her by mother under N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 801(d), as admissions of party opponent.

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Johnson v. Honeycutt, NO. COA05-295, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Keith v. Town of White Lake, NO. COA05-408, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: White Lake, N.C., Zoning Ordinance § 8-1 did not require Town of White Lake Planning Board to petition Town of White Lake Board of Commissioners before making recommendations to Commissioners as to zoning map or ordinance amendments. Planning Board proposed zoning changes and followed appropriate procedures for amending ordinance.

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Krispy Kreme Doughnut Corp. v. Fairmont Sign Co., NO. COA05-998, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Lambeth v. N.C. Farm Bureau Mut. Ins. Co., NO. COA05-287, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Lee v. N.C. DOT, NO. COA05-57, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: North Carolina State Personnel Commission (SPC) lacked jurisdiction to hear a claim of harassment and retaliation because an employee failed to comply with N.C. Gen. Stat. § 126-34; however, there was a direct right of appeal to the SPC for a discrimination action, which had been sufficiently stated in a petition for a contested case hearing.

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Lincoln Med. Ctr. v. N.C. Ins. Guar. Ass'n, NO. COA05-231, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Morrill v. Morrill, NO. COA05-691, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Nello L. Teer Co. v. N.C. DOT, NO. COA04-1615, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: Interlocutory appeal by the North Carolina Department of Transportation (DOT) was dismissed because the DOT did not identify any substantial right that would be lost if the appellate court did not review the denial of the DOT's motion to dismiss a contractor's unverified complaint or the granting of the contractor's motion to amend its complaint.

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Nicholson v. Edwards Wood Prods., NO. COA05-629, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: Appellate court vacated an opinion and award by the Full Commission of the North Carolina Industrial Commission because the Full Commission never invoked N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 60(b) and made findings to support relief from a consent order. Therefore, the Full Commission erred in failing to follow the consent order.

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