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   State Courts - North Carolina - June 5, 2007

  
In re C.A.S., NO. COA06-997, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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In re C.C.P.W., NO. COA07-73, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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In re C.J.H., NO. COA06-1714, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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In re C.M., NO. COA07-16, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Failure to hold N.C. Gen. Stat. § 7B-1109(a) adjudicatory hearing within 90 days of filing of termination of parental rights petition did not require reversal of termination order as delay was due to efforts by trial court to allow mother to show ability to parent her children; rather than prejudicing mother, efforts inured to her benefit.

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In re C.N., NO. COA07-49, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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In re C.Q., NO. COA07-119, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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In re D.C. , NO. COA06-1638, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: A trial court erred in adjudicating a child to be a neglected juvenile where the petition alleged only that the child was a dependent juvenile. The trial court erred in appointing permanent legal guardians in a disposition order where the mother did not have required notice of a permanent plan and the court failed to make required findings.

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In re D.J., NO. COA06-1696, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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In re E.P, NO. COA06-687, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Department of social services failed to present evidence that the children were neglected, as defined in N.C. Gen. Stat. § 7B-101(9), and dependent, as defined in N.C. Gen. Stat. § 7B-101(15); although record showed parents abused alcohol, the record contained no evidence that the children suffered any harm or were in anyway neglected as a result.

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In re Estate of Rand, NO. COA06-868, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Award of sanctions and attorney's fees was proper in estate proceeding because, pursuant to N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 1, North Carolina Rules of Civil Procedure applied to all actions and proceedings of a civil nature. Estate proceeding was a "proceeding of a civil nature," and North Carolina Rules of Civil Procedure applied.

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