This case is heard on remand from the Supreme Court. A detailed recitation of the facts may be found in the original opinion, State v. McDougald, 181 N.C. App. 41, 638 S.E.2d 546 (2007). For the convenience of the reader, a summary of the facts is set forth below. Dwight McDougald ("defendant") and Kathryn Powell ("Powell") were arrested as the result of an undercover drug sale coordinated by Officer Aaron Griffiths ("Officer Griffiths") of the Greensboro Police...  

Jacalyn Ann Leatherwood Ballew ("plaintiff") appeals an order of the trial court, concluding as a matter of law that it is in the best interests of L.B. ("the minor child") for plaintiff and Christopher Patrick Ballew ("defendant") (collectively, "the parties") to have joint custody of the minor child. We affirm... Plaintiff is the biological mother and defendant is the biological father of the minor child, born on 20 June 1997. The parties were married on 4...  

This Court initially heard White Oak Transport Company, Inc.'s ("defendant") appeal from: (1) judgment and order entered after a jury found it breached a contract with Dogwood Development and Management Company, LLC ("plaintiff"); and (2) order entered, which denied its motion for judgment notwithstanding the verdict pursuant to N.C. Gen. Stat. § 1A-1, Rule 50 and its motion for a new trial pursuant to N.C. Gen. Stat. § 1A-1, Rule 59(a)(7) and (8). See Dogwood, 183...  

Keith and Talley Stephens ("the Stephens") owned and operated a dairy farm that failed. The Stephens had numerous creditors, including Bartlett Milling Company, L.P. ("plaintiff"). On 19 July 1999, plaintiff obtained a judgment in the amount of $102,964.04, plus one and a half percent monthly interest accruing from 17August 1998, against the Stephens for defaulting on their payment for cattle feed purchased from Bartlett... After entry of judgment, the Stephens requested...  

William L. Davis appeals from the trial court's granting of motions for summary judgment made by Daniel I. Sugarman, The Sanger Clinic, Lake Norman Regional Medical Center, Mooresville Hospital Management Associates, Richard Scherczinger, and Charlotte Cardiology Associates, P.A. ("defendants"). After careful review, we affirm... On 25 August 2000, John Brooks Davis ("plaintiff") underwent an aortic valve replacement procedure at Massachusetts General Hospital. After his...  

Plaintiff City of Asheville ("Asheville") appeals from the trial court's 2 February 2007 order denying its motion for summary judgment, granting cross-motions for summary judgment by the State of North Carolina and the County of Buncombe with several affiliated officials and individuals (with the State of North Carolina, collectively "defendants"), and dismissing the action... According to the parties' Amended Complaint and Answers, Asheville operates and at least partially owns...  

This case is heard on remand from the Supreme Court. A more complete recitation of the facts may be found in the original opinion, Odom v. Clark, ___ N.C. App. ___, 654 S.E.2d 833, COA 07-775, 2008 WL 132127 (Jan. 15, 2008) (unpublished); however, for the convenience of the reader, a summary of the facts is set forth below... Martha Odom ("plaintiff") is the duly appointed guardian ad litem of Shericka Wallace who suffered personal injuries related to her birth at Cabarrus Memorial...  

Respondent North Carolina Department of Environment and Natural Resources ("NCDENR") appeals from orders of the Wake County Superior Court concluding that petitioners Michael Kelly and Steven Wayne Mobley had received employment discipline without just cause and awarding them back pay, interest on back pay, and partial attorney fees and costs. Petitioners also appeal from the order awarding attorney fees and costs. During the period of time relevant to the facts of this case,...  

Defendant Mountain Grove Baptist Church, Inc. ("the Church") appeals from the trial court's decision holding the Church liable to plaintiff White Fox Construction Company, Inc. for breach of contract. The Church contends that the trial court erroneously concluded that White Fox timely filed suit within the applicable three-year statute of limitations. We hold that the governing contractual provisions unambiguously provided that final payment by the Church was due upon receipt of White...  

Defendant appeals judgments entered after a jury verdict of guilty of trafficking in cocaine, possession with intent to sell or deliver marijuana, and maintaining a dwelling to keep controlled substances. We determine there was no error... FACTS... On 16 May 2006, Officer Robert Hartley of the Charlotte-Mecklenburg Police Department was contacted by a colleague, Officer Jason Ross, and informed of a tip Officer Ross had received from a confidential informant ("CI"). The CI had alerted...  

Deborah A. Polk ("plaintiff") appeals from an opinion and award by the Industrial Commission resolving her claim for workers' compensation against former employer Nationwide Recyclers, Inc.("defendant")1. After careful review, we affirm in part and reverse in part... I... Defendant hired plaintiff to work as a wastewater operator on 3 June 2000. On 3 July 2000, plaintiff sustained a compensable injury to her elbow. Plaintiff was diagnosed with a contusion on her left elbow...  

Michaela Miller (plaintiff) appeals from a order entered 5 March 2007 terminating Glenn Miller's (defendant) obligation to make alimony payments. We affirm in part and vacate and remand in part... Plaintiff and defendant were married in November of 1996 and separated in July of 2003. No children were born of the marriage. On 12 December 2003, plaintiff and defendant entered into a consent order. The relevant terms of the consent order are:... 3. That Plaintiff is entitled to an unequal...  

Defendant Wesley David Bollinger appeals from a criminal conviction for carrying a concealed weapon. For the reasons stated herein, we find no prejudicial error... At approximately 3:30 a.m., on 24 September 2005, Sergeant Mark Davis, Officer Heather Delaney, and Officer Jeffrey Baucom of the Concord Police Department reported to the scene of a two-vehicle accident. Upon arrival, the officers interviewed witnesses in order to fill out the accident report. During his interview, defendant...  

Jack Albert Hawkins (the deceased) was an elderly man, suffering from the effects of Alzheimer's disease and dementia. On 23 June 2004, when the deceased was eighty-three years old, he entered into a purported marriage with his fifty-five-year-old live-in caretaker, Curley Mae Wiseman (defendant). A court declared the deceased incompetent on 1 December 20041 and the Clerk appointed Bryan C. Thompson as his guardian on 7 December 2004. The decedent passed away on 10 January 2007... On 3 May...  

Plaintiff appeals from the Opinion and Award of the Industrial Commission entered on 22 June 2007, denying benefits to plaintiff based upon its conclusions that plaintiff sustained neither an injury by accident nor a compensable occupational disease arising out of and in the course of his employment. For the reasons stated herein, we affirm... I. Background... Plaintiff began his employment with defendant-employer Eddie Romanelle's1 in 1996 as a part-time sauté cook. He became a full-time...  

Defendants Owens-Illinois, Inc., and AIG appeal from the Amended Opinion and Award of the Industrial Commission entered on 12 July 2007, which awarded workers' compensation benefits to plaintiff for injuries to his left arm. Because the Commission's findings of fact were supported by competent evidence in the record, and its conclusions were based on its findings of fact and a correct application of the law, we affirm... I. Factual Background... Plaintiff Michael Deason was employed by...  

Defendant Rickey Nelson Spencer appeals from judgment entered upon jury verdicts finding him guilty of felony possession of marijuana, possession with intent to sell or deliver marijuana, maintaining a dwelling for purposes of keeping or selling of a controlled substance, possession of drug paraphernalia, and attaining the status of habitual felon. Defendant contends the trial court erred when it denied his motion to dismiss the charge of maintaining a dwelling for the keeping or selling of...  

Carolina Power & Light Co. (petitioner) appeals from a judgment entered 28 August 2006 affirming the decision of the North Carolina Employment Security Commission in Commission Decision No. 06(UI)0997 and an order entered 19 July 2007 affirming the decision of the Employment Security Commission under Docket No. 06(UI)0997... Herman D. Roberts (Roberts) began working for petitioner 21 March 1981 and in January 2005 worked for petitioner as a field service representative in Whiteville, North...  

Andrea Gregory (Plaintiff) filed a Form 18 on 5 February 2002 claiming benefits for a back injury allegedly caused by a specific traumatic incident that occurred while Plaintiff was working for W.A. Brown & Sons (Defendant-Employer). Defendant-Employer and its carrier, PMA Insurance Group (collectively Defendants), denied Plaintiff's claim, and Plaintiff requested that her claim be assigned for hearing... Deputy Commissioner Morgan S. Chapman (Deputy Commissioner Chapman) held a hearing on 16...  

The Hammocks Beach Corporation (Defendant) appeals from the trial court's order denying its motion to dismiss under N.C. Gen. Stat. § 1A-1, Rule 12(b)(6). For the reasons set forth herein, we reverse and remand with instructions to the trial court to grant Defendant's motion to dismiss... Harriett Hurst Turner and John Henry Hurst (Plaintiffs) filed a complaint on 15 December 2006 against Defendant and several other defendants who are not parties to this appeal. Plaintiffs' claims arose...