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   State Courts - North Carolina - March 7, 2006

  
Connor v. Harless, NO. COA05-355, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Price was an essential term of a contract. Where an option to buy property stated that the price was to be determined by two appraisals, but failed to specify how to proceed if the appraisals produced vastly different property values, the price term was not, as it needed to be, certain and definite, and the option to buy was unenforceable.

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Cook v. Erect All, NO. COA05-861, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Coordinated Health Serv., Inc. v. Primary Health Choice, Inc., NO. COA05-783, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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DOT v. Anderson, NO. COA05-200, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Deutsche Bank Trust Co. Ams. v. Tradewinds Airlines, Inc., NO. COA05-854, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Doyle v. Doyle, NO. COA05-788, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Domestic violence protective order entered under N.C. Gen. Stat. § 50B-1(a), finding that mother was responsible for incident, collaterally estopped opposite finding in custody case. When protective order was not appealed collateral legal consequences of that order became final, precluding reconsideration of order in custody action.

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Fox v. Gibson, NO. COA05-826, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Trial court properly denied a girlfriend's motion to dismiss a wife's claim that the girlfriend alienated the affections of the wife's husband, because the girlfriend's acts of calling, e-mailing, and engaging in sex acts with the husband in North Carolina satisfied the long arm statute, N.C. Gen. Stat. § 1-75.4(3) (2005), and due process.

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Frost v. Salter Path Fire & Rescue, NO. COA05-445, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: A volunteer employee was injured in a go-cart accident during "Fun Day," an event her employer held to boost volunteers' morale. She was properly awarded workers' compensation benefits under N.C. Gen. Stat. § 97-2(6) because the presence of four of the six Chilton factors established that her injury occurred in the course of her employment.

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Hall v. Toreros, II, Inc., NO. COA05-199, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: A trial court properly granted a bar JNOV in a wrongful death and negligence suit after determining that no legal duty existed upon the bar to prevent the driver of a motor vehicle, who killed a man and seriously injured his wife in a motor vehicle accident, from leaving the bar and driving a car.

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Honacher v. Everson, NO. COA05-719, COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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