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| In re T.M., NO. COA06-1271,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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Overview: Judgment was affirmed as department of social services had standing to file termination of parental rights petition as it had been granted indefinite custody of child under nonsecure custody order, and N.C. Gen. Stat. § 7B-1103(a)(3) did not limit standing to parties granted custody by order entered pursuant to N.C. Gen. Stat. § 7B-905.
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| Johnson v. McMillan, NO. COA06-825,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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| Lord v. Customized Consulting Specialty, Inc., NO. COA06-725,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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Overview: Trial court properly denied motions for a directed verdict and judgment notwithstanding the verdict as to plaintiffs' negligence claims, as the economic loss rule did not apply in the instant case, and the issue of whether the action was barred by the statute of limitations, N.C. Gen. Stat. § 1-52 (2005), was a question of fact for the jury.
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| MacFadden v. Louf, NO. COA06-1088,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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| MacFadden v. Louf, NO. COA06-647,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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Overview: Home seller was not subject to unfair and deceptive practice liability under N.C. Gen. Stat. § 75-1.1 because nothing suggested that this was commercial land transaction, and, in selling her private residence, seller was not engaged in commerce. Buyer also failed to establish reasonable reliance for fraud and negligent misrepresentation claims.
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| Morrison v. Public Serv. Co. of N.C., Inc., NO. COA06-749,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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Overview: Industrial commission properly denied plaintiff's claim for a 10 percent late payment penalty pursuant to N.C. Gen. Stat. § 97-18 (2005), because defendants tendered the settlement payments owed to plaintiff by placing the payments in the mail to plaintiff within the 24-day time period provided by the statute.
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| Owen v. Keeter (In re C.L.K.), NO. COA06-942,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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Overview: An order terminating a father's parental rights was reversed, where the trial court entered its order more than five months after the conclusion of the termination hearing. The late entry of the written order was a clear and egregious violation of N.C. Gen. Stat. §§ 7B-1109(e) and 7B-1110(a).
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| Price v. N.C. Dep't of Corr., NO. COA06-492,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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| Richardson v. Bank of Am., N.A., NO. COA06-211,
COURT OF APPEALS OF NORTH CAROLINA, April 17, 2007, Filed
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Overview: Bank and its subsidiary were granted summary judgment on borrowers' claims under N.C. Gen. Stat. § 75-1.1(a) regarding single-premium credit insurance sales on short term loans as the North Carolina Department of Insurance had authorized the sales. The borrowers were granted summary judgment on sales for long term loans as they weren't authorized.
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