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| D.A.N. Joint Venture, III, L.P. v. Fenner, NO. COA06-628,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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| Dysart v. Cummings, NO. COA06-645,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Trial court properly held that buyers were entitled to return of their earnest money deposited in escrow upon signing of contract for purchase of sellers' house because buyers promptly exercised their right to terminate contract, as provided in addendum to contract, when inspection revealed that repairs were necessary in amount exceeding $ 10,000.
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| Esposito v. Talbert & Bright, Inc., NO. COA06-572,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Trial court properly granted summary judgment to defendants as to a project manager's claim of tortious interference with a contract, as the manager failed to show that defendants intentionally induced an agency to terminate the project manager's employment, as the termination was not solely based on allegations made by defendants.
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| Evangelistic Outreach Ctr. v. General Steel Corp., NO. COA06-558,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Seller waived its personal jurisdiction challenge as it failed to make a motion to dismiss for lack of personal jurisdiction with its motion to dismiss for lack of subject matter jurisdiction. Trial court did not err by denying a motion to compel arbitration as competent evidence supported the finding that there was no arbitration agreement.
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| Hailey v. Auto-Owners Ins. Co., NO. COA06-187,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Trial court erred in declaring that an insured could proceed with an appraisal to settle a dispute concerning damage to property, because under the insurance policy in question, the unsupported opinion of the insured that an insurance company's payment was insufficient did not rise to the level of a disagreement necessary to invoke appraisal.
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| Hayes v. Premier Living, Inc., NO. COA06-661,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: Incident reports prepared by nurses at a nursing home were not privileged under N.C. Gen. Stat. §§ 90-21.22A and 131E-107. The reports were not part of the proceedings of the home's quality improvement team, produced by the team, or considered by the team; the fact that the team could have reviewed them or might do so did not make them privileged.
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| In re A.J.Y.-E., NO. COA06-568,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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| In re A.N.J., NO. COA06-985,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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| In re A.S., NO. COA06-1028,
COURT OF APPEALS OF NORTH CAROLINA, February 20, 2007, Filed
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Overview: A court's conclusion that the father neglected both children under N.C. Gen. Stat. 7B-101 because the children did not receive proper care or supervision and they lived in an environment injurious to their welfare was proper where the father admitted that he had been required to call the police because the mother had been throwing things.
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