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| State v. Wade, NO. COA05-1276,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| State v. Weakley, NO. COA05-863,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: Detective lawfully entered defendant's house to serve arrest warrant on girlfriend who needed to get fully dressed; stolen item in plain view supported search warrant, so suppression was properly denied; no evidence supported knowledge element of stolen firearm charge under N.C. Gen. Stat. § 14-71.1, but all other charges were properly supported.
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| State v. Wilson, NO. COA05-589,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| Strickland v. Lawrence, NO. COA05-823,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: Where property owners failed to show that landfill business entities and individuals exerted the necessary "domination and influence" over the owners to establish the existence of a fiduciary relationship, their claims for breach of fiduciary relationship and actual and constructive fraud failed; summary judgment was granted against them.
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| Summit Lodging, LLC v. Jones, Spitz, Moorhead, Baird & Albergotti, P.A., NO. COA05-248,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: A trial court erred in granting a motion to dismiss a professional malpractice action against a South Carolina law firm and one of its attorneys, as the requirements for long-arm jurisdiction under N.C. Gen. Stat. § 1-75.4 were met; there were sufficient contacts with North Carolina by the attorney's renegotiation of a loan to satisfy due process.
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| Treofan Am., LLC v. Excelsior Packaging Group, Inc., NO. COA05-735,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| Ugochukwu v. Ugochukwu, NO. COA05-919,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: A finding that a father was in civil contempt for his failure to pay the correct monthly sum was supported by the evidence pursuant to N.C. Gen. Stat. § 5A-21(a) (2005), as the support order was in effect, its purpose was still valid, the father's non-compliance was willful, and he had the financial ability to comply with the order.
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| Union v. Branch Banking & Trust Co., NO. COA05-663,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: Summary judgment was properly granted because the guardian failed to comply with the notice requirements of N.C. Gen. Stat. § 25-4-406(f). Therefore, he was barred from asserting the unauthorized signatures withdrawing money from the ward's trust account against the bank.
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| Walker v. Fleetwood Homes of N.C., Inc., NO. COA04-1466,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: Because plaintiffs' complaint did not include any claim for damages due to loss of privacy or mental and emotional distress, the trial court erred in submitting those issues to the jury. The company did not get sufficient notice of the issues and a new trial on damages under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 59(a)(7) and (8) was warranted.
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