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| In re K.D.L., NO. COA05-773,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: In a termination of parental rights proceeding, an incarcerated father's due process rights, Fourteenth Amendment, were not violated by the denial of his motion to be deposed where he did not contest his criminal record, and he did not offer any explanation why the arguments regarding child support and abandonment could not be made by his counsel.
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| In re M.N.C., NO. COA05-829,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Termination of a father's parental rights was in the child's best interests, N.C. Gen. Stat. § 7B-1111, where the court considered the child's age (six years), the foster family's commitment, and that the father failed to complete court ordered tasks, that he failed to visit with the child on a consistent basis, and that the father was homeless.
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| Joint Redevelopment Comm'n of Pasquotank v. Jackson-Heard, NO. COA05-676,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| Kornegay v. Robinson, NO. COA05-131,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Issues of material fact existed as to whether wife voluntarily executed prenuptial agreement; wife alleged contents of agreement were never explained to her, she was not given opportunity to review agreement with attorney, she signed document understanding it would only apply in event of divorce, and decedent did not disclose his full assets.
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| LaBrie v. Corning, Inc., NO. COA05-130,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| Leak v. N.C. Dep't of Pub. Instruction, NO. COA05-941,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| Ligon v. Strickland, NO. COA04-822,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Denial of motion for directed verdict on issue of negligence was upheld where it was undisputed driver crossed center line, violating N.C. Gen. Stat. § 20-146(d), and there was no evidence driver attempted to brake. Trial court erred in not instructing jury on contributory negligence as trooper's report suggested injured party was standing in road.
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| Miller v. Miller, NO. COA05-510,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| Navistar Fin. Corp. v. Tolson, NO. COA05-352,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: A taxpayer was not entitled to a refund of taxes paid under N.C. Gen. Stat. § 105-83 (2005) because, once the taxpayer secured repayment of promissory notes by attaching liens on personal property in North Carolina, § 105-83 became applicable. Moreover, § 105-83 did not violate the Due Process or Commerce Clauses.
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