John M. Dolven, M.D. ("Dolven") appeals from the trial court's order entered in this action commenced by High Rock Lake Partners, LLC ("High Rock") against the North Carolina Department of Transportation ("DOT"). Dolven's appeal from that order, in which the trial court denied Dolven's motion to intervene or be joined as a party and remanded the matter to the DOT for further proceedings, is interlocutory. Only the denial of Dolven's motion to intervene or be joined as a...  

Plaintiffs appeal the trial court's order granting summary judgment on all of their claims. For the following reasons, we reverse the trial court order granting summary judgment on all claims and remand for further proceedings... I. Background... Plaintiffs alleged that defendant loaned money to James and Elaine Wilson ("the Wilsons") for their greenhouse project. Plaintiffs had an extensive business relationship with defendant outside of the context of the greenhouse project....  

Audrey Anne Midkiff (Plaintiff) filed a complaint on 17 April 2008, seeking to recover damages for personal injuries she sustained when she was struck by a vehicle driven by John Michael Compton (Defendant). Plaintiff alleged that, while she was jogging on the shoulder of Little Deep Creek Road in Newport on or about 25 November 2006, Defendant's vehicle ran off the pavement and struck her, running over her right foot and injuring her lower leg, foot, and ankle. Plaintiff alleged that Defendant...  

Cheyenne Saleena Stark (Cheyenne), Cody Brandon Stark (Cody), and Cory Christian Stark (Cory), through their then Guardian ad Litem, Ruby Squires Stark; and Gordon Walter Stark, Jr. (Gordon Stark), filed a complaint on 23 April 2004 against Ford Motor Company (Defendant) alleging, inter alia, that Cheyenne suffered a spinal cord injury caused by a defective design of the seatbelt she... ... ... was using during an accident involving her parents' 1998 Ford Taurus (the Taurus) on 23 April 2003....  

Burl E. Brinn, Jr. ("plaintiff") appeals the 18 November 2008 opinion and award for the Full Commission of the North Carolina Industrial Commission ("Commission") that suspended his disability benefits. For the reasons stated below, we affirm... On 11 March 1998, plaintiff suffered a compensable back injury while working for Weyerhaeuser Company ("defendant"). Following... ... ... his injury until early 2004, plaintiff saw numerous physicians and other healthcare...  

Defendants (Law Companies Group, Inc., and Zurich American Insurance Company) appeal from an Opinion and Award of the Industrial Commission awarding Plaintiff (Zoraida Williams)... ... ... temporary total disability compensation, medical compensation, and attorney's fees. We affirm... The following is undisputed: In 2000 Plaintiff was employed by Defendant Law Companies Group, Inc., as a soil technician. Her job required walking, bending, and lifting five-pound soil samples and twenty-five...  

Justin Grantham ("plaintiff"), a minor child, by and through his guardian ad litem, appeals the 31 October 2008 and 6 November 2008 orders granting summary judgment of his medical malpractice claim to Robert C. Crawford, M.D. ("Dr. Crawford"); Carolina Womancare, P.A.; and High Point Regional Health System ("High Point Regional") (collectively, "defendants"). For the reasons stated below, we reverse and remand... On 26 March 2008, plaintiff filed a complaint...  

William Brandon Chiles (Defendant) appeals from judgment and sentence entered on his guilty plea for robbery with a dangerous weapon, first-degree sexual offense, first-degree burglary, and first-degree kidnapping. For the reasons stated below, we affirm... In 2005, a Mecklenburg County grand jury indicted Defendant for robbery with a dangerous weapon, first-degree sexual offense, first-degree burglary, and first-degree kidnapping. A suppression hearing was held in February 2008. Defendant made...  

Defendants appeal from an order denying their motion to dismiss for lack of personal jurisdiction, insufficient process, and insufficiency of service of process. Although the trial court... ... ... purported to certify this order for interlocutory appeal pursuant to Rule 54(b) of the Rules of Civil Procedure, the order does not involve a final judgment as to any claim or party and, therefore, Rule 54(b) is inapplicable. Further, because defendants have not shown that any substantial right is at...  

Jeannette Parrott ("plaintiff") appeals an order modifying Jay Lawrence Kriss's ("defendant") child support. We affirm in part and vacate and remand in part... I. BACKGROUND... Plaintiff and defendant (collectively "the parties") were married on 31 December 1988 and separated on 12 August 1998. On 18 November 1998, the parties agreed to settle issues of child custody and child support, and the trial court entered a consent order... ... ... ("the 1998 consent...  

Plaintiffs appeal order granting summary judgment in favor of defendants. For the following reasons, we affirm... I. Background... Plaintiffs John S. Collier and Bryan Collier alleged in their 22 January 2008 verified complaint that they are shareholders in the Panilla Corporation ("Panilla") but have lost their Certificates of Shares ("share certificates"). Plaintiffs further alleged that defendant Judith Collier wrongfully sold real property... ... ... belonging to Panilla and...  

Defendant appeals from judgments consistent with jury verdicts finding him guilty of second-degree rape, second-degree kidnapping, assault inflicting serious bodily injury, assault by strangulation and simple assault. In his sole assignment of error, defendant contends that he received ineffective assistance of counsel. For the following reasons, we dismiss the appeal without prejudice for defendant to file a motion for appropriate relief... FACTUAL BACKGROUND... The State's evidence tended to...  

Plaintiff-appellants filed a notice of appeal of a summary judgment order dismissing their claims.1 After the parties briefed... ... ... the issues, defendant-appellees filed a motion to dismiss the appeal for failure to comply with the requirements of North Carolina Rule of Appellate Procedure 3(a) as to service of the notice of appeal. We agree with defendant-appellees and dismiss the appeal... I. Background... On 7 March 2008, Rodney and Stephanie Lee ("Lees"), Leo Gibson ("Mr....  

Demetrius Miguel Williams ("defendant") appeals from the trial court's denial of his motion to suppress. We conclude that the trial court had adequate grounds for denial of defendant's motion to suppress and affirm the trial court's ruling... I. Background... On or about 8 January 2007, defendant was indicted for one count of possession of marijuana up to one-half ounce, one count of possession with intent to sell or deliver cocaine, one count of possession of drug paraphernalia, and...  

Douglas Charles LePage (Defendant) was indicted on 2 April 2007 for statutory sex offense, delivering a controlled substance to a minor, indecent liberties with a minor, two counts of contaminating food with a controlled substance, and possessing a controlled substance with the intent to deliver. A jury found Defendant guilty as charged. Defendant was sentenced to consecutive sentences of 238 to 295 months, 64 to 86 months, 16 to 20 months, and 6 to 8 months, in prison. Defendant appeals... The...  

On 31 December 2008, the trial court denied defendant's motion to suppress. On or about 21 August 2008, defendant entered a guilty plea to possession of a firearm by a convicted felon, reserving the right to appeal from the denial of the motion to suppress, but defendant did not give notice of appeal in open court at the time of entry of his guilty plea. After entry of judgment upon the guilty plea, defendant filed a written notice of appeal as to the order denying his motion to suppress but...  

Defendant appeals from a trial court order granting Plaintiff's motion to stay a North Carolina proceeding. Because the trial court's decision was not an abuse of discretion, we affirm... On 3 March 2006, Steve Sawyer (Plaintiff), filed suit against Market America, Inc. (Defendant). In the Complaint, Plaintiff, a citizen of Oregon, alleged that he worked as an internet sales manager for Defendant. Plaintiff asserted that Defendant failed to pay him $25,000 in bonuses and two monthly payments of...  

Juvenile appeals from a disposition order imposing level 1 and 2 punishment following his adjudication on 18 December 2008 of delinquency for commission of the offense of possession of stolen property. Juvenile also appeals through the same written notice of appeal an adjudication order entered 13 August 2008 adjudicating juvenile delinquent for the offense of injury to personal property. Juvenile contends the trial court lacked subject matter jurisdiction to enter the 13 August 2008...  

Defendant was ordered to enroll in satellite-based monitoring. Though the trial court erred in concluding that defendant had committed an aggravated offense and must enroll in satellite-based monitoring for life, we conclude there was sufficient evidence upon which to remand the case for the trial court to determine if defendant requires the highest possible level of supervision and monitoring. Therefore, we reverse and remand... I. Background... On or about 6 September 2005, defendant was...  

Defendant John Edward Brewington ("defendant") appeals from a judgment finding him guilty of possessing cocaine. Defendant argues on appeal that the trial court erred by allowing the State's expert forensic chemist to offer an opinion as to the composition of the contraband substance in issue because the testifying expert was not the expert that conducted the analysis of the substance. After careful review, we hold that the expert testimony should have been excluded, and award defendant...