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   State Courts - North Carolina - March 6, 2007

  
Bolick v. County of Caldwell, NO. COA06-693, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Order denying county's summary judgment motion was affirmed as Caldwell County, N.C., Personnel Ordinance art. VII, § 10 provided that any county employee dismissed without cause was entitled to severance pay. The policy constituted a contract, and pleading a waiver of sovereign immunity was not necessary.

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Britt v. May Davis Group, Inc., NO. COA06-782, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Coleman v. Coleman, NO. COA06-188, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: A wife preserved her equitable distribution claim, under N.C. Gen. Stat. § 50-20 (2003), before an absolute divorce was granted, by requesting and reserving equitable distribution, as this could only apply to marital property, but her alimony request was insufficient because it did not state the grounds upon which she claimed to be entitled to it.

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Estate of Epley v. Bd. of Trs. of the Teachers' & State Emples. Ret. Sys. Div., NO. COA06-689, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Fuller v. Fuller, NO. COA05-1634, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Hassell v. Onslow County Bd. of Educ., NO. COA06-276, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: North Carolina Industrial Commission properly denied workers' compensation benefits because employee did not meet her burden of showing that her employment as sixth-grade teacher placed her at increased risk of developing anxiety disorder and thus did not establish that her condition was an occupational disease under N.C. Gen. Stat. § 97-53(13).

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In re A.S., NO. COA06-1354, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Order granting father exclusive custody and visitation for mother was upheld, court complied with N.C. Gen. Stat. § 7B-911, and was not required to enter two orders, but could enter one order for placement in juvenile and civil file as long as it was sufficient to support termination of juvenile court jurisdiction and modification of custody.

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In re A.W., NO. COA06-416, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: A trial court's adjudication and disposition orders were reversed where there was no indication that the trial court informed the juvenile of his right to remain silent and the risk that any statements may be used against him or of his right to deny the allegations as required under N.C. Gen. Stat. § 7B-2407(a).

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In re B.N.S., NO. COA06-585, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: A juvenile's motion to dismiss a charge of possessing a weapon on school property, in violation of N.C. Gen. Stat. § 14-269.2(d) (2005), was properly denied where he had possessed a 2.5 inch pocketknife while on school property and although the blade was closed, the operability of the weapon was irrelevant given the statute's purpose.

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In re C.K.P., NO. COA06-1122, COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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