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| Davidson County CSE v. Johnson, NO. COA06-1260,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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| Grant v. High Point Reg'l Health Sys., NO. COA06-1079,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Trial court erred in dismissing a claim by the executrix of an estate that a health system committed common law obstruction of justice, as the claim that the system intentionally or recklessly destroyed x-ray film of a decedent, thereby precluding a medical malpractice action, if true, would have amounted to obstruction of public justice.
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| Griffith v. Glen Wood Co., NO. COA06-635,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Trial court erred in granting summary judgment to auto racing company on lessor's breach of contract claim against auto racing company and on affirmative defense that lessor's company was subject to N.C. Gen. Stat. § 105-230 revenue suspension; material issue of fact existed about breach of express lease term and revenue suspension was not shown.
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| Hartley v. Hartley, NO. COA06-833,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Reduction of child support based on children's receipt of Social Security benefits was error because, although third party contributions were proper to consider when determining request to deviate from guidelines under N.C. Gen. Stat. § 50-13.4(c), the father remained able to support his children, and thus the support reduction was improper.
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| Hayes v. Peters, NO. COA06-1157,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Dismissal of medical malpractice complaint was proper because patient relied on res ipsa loquitur to support claim that a stroke suffered during a procedure was caused by negligence, but that doctrine did not apply. Emboli which caused stroke were not foreign objects or injury outside of scope of surgical field. Expert testimony was necessary.
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| Hinnant v. Philips , NO. COA06-1308,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Where creditors obtained a default judgment against debtors, but the docketed copy of the judgment misspelled the debtors' names, the judgment was a valid lien under N.C. Gen. Stat. §§ 1-233 and 1-234 because the judgment provided sufficient notice, actual or constructive, to create a valid lien on the subject property.
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| Huffman v. 521226 Moore County, NO. COA06-758,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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| In re A.J.H-R, NO. COA07-93,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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Overview: Trial court lacked subject matter jurisdiction in child neglect and dependency action under N.C. Gen. Stat. § 7B-200(a) when a supervisor signed the juvenile petition on behalf of the director social services but did not sign it as the director's authorized representative. Thus, the signature requirement of N.C. Gen. Stat. § 7B-403(a) was not met.
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| In re Appeal of Roger Richard from the Decision Bd. of Equalization & Review, NO. COA06-1464,
COURT OF APPEALS OF NORTH CAROLINA, June 19, 2007, Filed
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