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| Perry v. N.C. Dep't of Corr., NO. COA05-184,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: An appeal from the denial of a stay in a workers' compensation case was dismissed because it was an interlocutory order not subject to immediate appeal; no appeal was allowed under N.C. Gen. Stat. § 7A-27(d)(2) (2005) because the ruling did not effectively determine the entire action.
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| Pickard v. Pickard, NO. COA05-426,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: A husband's annulment petition under N.C. Gen. Stat. § 50-4 was barred by judicial estoppel because husband took the position that his 11-year marriage was voidable which was clearly inconsistent with his earlier sworn statement in adoption proceeding in which husband swore that he was married to wife and because adoption court accepted statement.
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| Ramirez v. Golden Corral, NO. COA05-587,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| Ritter v. Ritter, NO. COA05-530,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Where plaintiff's first two assignments of error referred to specific trial court order, but notice of appeal referred only to two different orders, first two assignments of error were dismissed. Where plaintiff failed to order transcript or serve timely notice, and failed to file timely motion for extension of time, appeal was dismissed.
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| Robins v. Town of Hillsborough, NO. COA05-165,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Owner was entitled to rely on zoning ordinance in effect at time he applied for site plan approval. Further, since owner showed that town enacted a total prohibition on a legitimate business, an asphalt plant, the burden shifted to town to show the public purpose of the ordinance and validity of the ordinance under N.C. Const. art. I, § 19.
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| Silva v. Lowe's Home Improvement, NO. COA04-1678,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Although evidence supported many of Industrial Commission's findings, such as fact that there was no evidence of accommodations made for employee's lifting restrictions, evidence was insufficient to enable appellate court to determine employee's right to disability compensation as there was only one finding about existence and extent of disability.
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| State v. Austin, NO. COA05-85,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| State v. Bradshaw, NO. COA05-573,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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| State v. Brown, NO. COA05-136,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Defendant's covert actions in sneaking into victim's house to have sex suggested that he did not believe that victim, a minor, had full authority to allow him into her parents' house. Also, there was evidence that he committed a constructive breaking. Thus, trial court properly denied his motion to dismiss burglary charge, N.C. Gen. Stat. § 14-51.
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