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| In re Z.J.T.B., NO. COA06-1381,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Matter was remanded for further findings of fact as no findings were made as to best plan of care for children as required by N.C. Gen. Stat. § 7B-907(c). Although there was finding that there were no barriers to children's adoption, there was not finding as to whether adoption should be pursued as required by § 7B-907(b)(3).
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| Kenyon v. Gehrig, NO. COA06-724,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Doctors were properly granted summary judgment in a medical malpractice action because the patient failed to forecast sufficient evidence to raise a genuine issue of material fact. The patient's expert witnesses were unable to state to any degree of certainty that the patient's injury was causally connected to the doctors' alleged negligence.
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| Kotis Props., Inc. v. Casey's, Inc., NO. COA06-680,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Judgment was affirmed as lease waived landlord's duty to mitigate if it reentered premises without terminating lease. Tenant's assignee failed to meet show that landlord terminated lease, and landlord's taking of possession of premises, standing alone, did not amount to election to terminate lease. Waiver of duty to mitigate was effective.
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| Kraft v. Town of Mt. Olive, NO. COA06-856,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Town and a bank were entitled to judgment on a property owner's action to quiet title to property because the deeds from the prior owner of the dominant tract established an intent to dedicate the alley to the public, and the town accepted that property on behalf of the public. Additionally, the North Carolina Marketable Title Act did not apply.
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| Lail v. Cleveland County Bd. of Educ., NO. COA06-1244,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Judgment was affirmed as board of education waived governmental immunity under N.C. Gen. Stat. § 115C-42 as to claims in excess of $ 150,000, but less than $ 1,000,000, by procuring excess policy, which covered cheerleader's claims as it failed to include cheerleading exclusion of coverage agreement with North Carolina School Boards Trust.
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| Langdon v. Langdon, NO. COA06-466,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Trial court was not required to find change of circumstances in entering alimony order in divorce case because, at time of the hearing, only order in effect was an N.C. Gen. Stat. § 50-16.1A postseparation support order. Alimony award thus did not "modify" prior alimony order, but rather, terminated existing temporary postseparation support.
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| Lovette v. York, NO. COA06-1211,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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| McKinley Bldg. Corp. v. Alvis, NO. COA06-1254,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Judgment was affirmed as subcontractor failed to show excusable neglect under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 60(b)(1) as he was proceeding pro se when he did not respond to requests for admissions. Although attorney did not appear at hearing, subcontractor did not follow-up on retaining attorney or with trial court with respect to hearing.
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| Misenheimer v. Burris, NO. COA04-445-2,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Trial court did not err by allowing husband limited waiver of clergy-communicant privilege to allow examination of a minister regarding counseling sessions during one month, but refusing to allow him to elicit testimony from minister regarding other counseling sessions because N.C. Gen. Stat. § 8-53.2 clergy-communicant privilege was absolute.
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