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| In re D.D.J., NO. COA05-903,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: Since the trial court lacked jurisdiction as the children were not in the custody of the Department of Social Services at the time the petition to terminate the mother's parental rights was filed and the children were not residing in North Carolina pursuant to N.C. Gen. Stat. § 7B-1101 (2005), the trial court's order was vacated.
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| In re J.G.B., NO. COA 05-918,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: Trial court erred in concluding grounds existed under N.C. Gen. Stat. § 7B-1111(a)(1) to terminate mother's parental rights, where there was no prior adjudication of neglect. Trial court failed to adequately address mother's age, in terms of whether mother willfully left child in foster care for 12 months prior to filing of termination petition.
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| In re K.T.L., NO. COA05-667,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: Trial court did not abuse its discretion in denying the parties' motion to close juvenile proceeding on involuntary manslaughter charges to public. Trial court was authorized to grant custody of respondent to Department of Social Services for purposes of obtaining necessary evaluation and treatment pursuant to N.C. Gen. Stat. § 7B-2506(1)(c).
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| In re Zo. M, NO. COA05-709,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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| Int'l Furniture Prods. Shippers Ass'n v. Masten Furniture Co., NO. COA05-976,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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| Isom v. Bank of Am., N.A., NO. COA05-946,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: A declaration prepared for use in a federal lawsuit between a bank and a vendor was protected by the work-product doctrine, but a former bank employee demonstrated a substantial need for the document because her wrongful termination action was based on the theory that she was fired because she would not sign the allegedly inaccurate document.
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| Kohler Co. v. McIvor, NO. COA05-339-2,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: Sanctions under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 11(a) were properly denied in an employer's action for breach of a non-competition contract. The complaint was facially plausible, the action was not filed for an improper purpose, and the employee did not show that the employer knew that its misstatements to the trial court were incorrect.
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| Kroger Ltd. P'ship I v. Guastello, NO. COA05-661,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: Under the lease provision requiring the landlord's consent to the tenant's impairment of the structural integrity of the building, the landlord's consent was not necessary for demolition of the garden shop, as the garden shop was not part of the building. The lease contained an exhibit that did not include the garden shop as part of the building.
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| Little v. Lynton, NO. COA05-1044,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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