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| N.C. Alliance for Transp. Reform, Inc. v. N.C. Dep't of Transp., NO. COA06-490,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Trial court properly held that motion to alter or amend was not a proper N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 59(e) motion because motion did not make reference to any grounds of that rule, did not use language from rule which gave notice of reliance on any of those grounds, and did not reveal the basis of the motion in terms of that rule.
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| N.C. State Bar v. Rossabi, NO. COA06-583,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Judgment was reversed as North Carolina Disciplinary Hearing Commission's decision to discipline attorney one and attorney two did not have rational basis as asking opposing client to admit to personal or romantic relationship with opposing counsel did not violate N.C. R. Prof. Conduct 3.4(d) as it was relevant to possible abuse of process claim.
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| Pascoe v. Pascoe, NO. COA06-1004,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Order increasing child support was affirmed because father did not assign error to trial court's findings which included analysis of child's reasonable needs while in both parents' custody, its finding that amount in parties' agreement was inadequate and did not influence trial court's decision, or its total calculated reasonable expenses.
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| Pawlik v. Fortunati , NO. COA06-805,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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| Pineville Forest Homeowners Ass'n v. Portrait Homes Constr. Co., NO. COA06-790,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Denial of motion to dismiss and stay suit alleging negligence and breach of implied warranties was proper because subcontractors who were added as parties by amendment to complaint were not bound parties under arbitration agreement, and since case included parties who were not bound parties, dispute was exempt from arbitration requirement.
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| Richards v. N.C. Tax Review Bd., NO. COA06-1364,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Dismissal of a petition for administrative review of a department's assessment of unauthorized substance excise tax was proper because the prepayment requirement of N.C. Gen. Stat. § 105-241.3 was constitutional, and petitioner failed to prepay the taxes claimed.
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| Sanders v. Gray, Inc., NO. COA06-755,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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| Sigmon v. Hoffman, NO. COA06-1066,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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| Sisk v. City of Greensboro, NO. COA06-1253,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Suit against city arising from a traffic accident during a funeral procession was properly dismissed because, inter alia, moving car, even if driven negligently, was not an "obstruction" within meaning of N.C. Gen. Stat. § 160A-296(a)(2). Also, timing of traffic signal was discretionary governmental function, and thus within immunity doctrine.
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