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   State Courts - North Carolina - June 6, 2006

  
Farrell v. Farrell, NO. COA05-166, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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Fiedler v. Blue Sky Servs., NO. COA05-1315, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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Formyduval v. Britt, NO. COA05-584, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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Overview: In a legal malpractice case based on an attorney's actions in a medical malpractice suit, it was error to dismiss the complaint because plaintiffs had not met the pleading requirements of N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 9(j). That rule, requiring that medical care be reviewed by an expert, applied only to medical malpractice claims.

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Frances L. Austin Family L.P. v. City of High Point, NO. COA05-1514, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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Overview: When a city had acquired an easement for a sewer line and had paid compensation to plaintiffs' predecessor in title, and later abandoned the easement and left a buried sewer pipe on the property, this did not constitute a taking. The city had paid just compensation to the predecessor in title, and plaintiffs were entitled to nothing more.

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Houston v. Town of Chapel Hill, NO. COA05-1461, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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Overview: A home owner's appeal from a town council's road closure order under N.C. Gen. Stat. § 160A-299 was properly dismissed. No evidentiary hearing was required in the superior court, the evidence before the council supported the order, and the owner was not deprived of a fair hearing because the council held public hearings before closing the road.

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Hyde v. Anderson, NO. COA05-1430, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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In re A.J.M., NO. COA05-504, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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Overview: There was overwhelming, substantive evidence that a minor child was neglected and dependent under N.C. Gen. Stat. § 7B-101(15) because 1) the mother physically harmed the minor child by hitting her with a belt; 2) the mother failed to consistently attend assigned mental health sessions; and 3) the mother failed to regularly visit the minor child.

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In re A.R.H., NO. COA05-1507, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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Overview: A trial court's findings that a child's regular pediatrician saw no reason for concern about child abuse and that there was no evidence that the parents had problems affecting their parenting ability supported its conclusion of law that no clear and convincing showing was made that the child was abused or neglected under N.C. Gen. Stat. § 7B-805.

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In re B.H., NO. COA05-1271, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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In re C.J.H.-D., NO. COA05-939, COURT OF APPEALS OF NORTH CAROLINA, June 6, 2006, Filed
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