HUNTER, JR., ROBERT N., Judge. Sheila Gregory, in her capacity as administratrix of the estate of Travis Bryan Kidd, appeals from a 23 March 2012 order dismissing her cases against Barry Blaine Pearson and Cleveland County (collectively, "Defendants"). Her appeals have been consolidated for review by this Court. Upon review, we reverse the trial court's order. I. Facts & Procedural History Travis Bryan Kidd ("Kidd") was twenty-four years old and lived with his mother, Sheila Gregory ("...
THIGPEN, Judge. Allan Comeaux ("Defendant") appeals from judgments convicting him of four counts of taking indecent liberties with a child. On appeal, Defendant contends that his Sixth Amendment right to a public trial was violated because the trial court closed the courtroom during the victim's testimony without making findings of fact as required under Waller v. Georgia, 467 U.S. 39 , 104 S.Ct. 2210, 81 L.Ed.2d 31 (1984). Defendant also contends that the trial court erred by denying his...
UNPUBLISHED OPINION BEASLEY, Judge. North Carolina II, LP, and Apex First Development, LLC, (Plaintiffs) appeal from an order granting Defendant's motion to dismiss. For the following reasons, we affirm. In 2007, Plaintiffs contracted with Mainline Construction Company ("Mainline") to work on several tracts in one of its real-estate developments. Mainline performed the contracted work until November 2008, when it ceased work prior to completion. A dispute arose regarding contract price and...
UNPUBLISHED OPINION STEPHENS, Judge. Procedural History and Evidence This appeal arises from a driving while impaired ("DWI") conviction. On 28 September 2010, Defendant Tracey Nathaniel DeBruhl was charged with driving while impaired, driving with an expired registration, and failing to comply with a license restriction. After being convicted in district court, Defendant appealed to superior court. On 12 January 2012, a jury found Defendant guilty of all charges. From the judgments entered...
BEASLEY, Judge. The City of Rockingham and American Rivers (Petitioners) appeal from an order affirming the final agency decision of Respondent Environmental Management Commission (EMC). For the reasons stated herein, we affirm. I. Facts Progress Energy Carolinas (Intervenor) operates a hydroelectric power-generating facility at the Tillery Dam on the Yadkin-Pee-Dee River. The Tillery Dam was constructed in the early 1900s. The Federal Energy Regulatory Commission (FERC) issued the license...
UNPUBLISHED OPINION BEASLEY, Judge. Hubert Brooks, Jr. (Defendant) appeals from judgment entered on his conviction for obtaining property by false pretenses. For the following reasons, we find no error. On 20 November 2010, Defendant purchased stereo equipment for his car and had them installed at a total cost of $579 using a credit card in the name of Maydeen Martin, an 86-year-old woman. Defendant informed the clerk that he had permission to use the card. The clerk received approval from...
UNPUBLISHED OPINION MARTIN, Chief Judge. Plaintiffs Bryant & Associates, LLC and Kenneth L. Bryant appeal from an order granting summary judgment in favor of defendants Charles and Teresa Evans. We reverse in part and remand. Plaintiffs and defendants own adjacent property on Lake Chatuge in Clay County, North Carolina. On 9 June 2010, a consent judgment was entered resolving a prior dispute between plaintiffs and defendants. The consent judgment required, among other things, that: [Evans]...
UNPUBLISHED OPINION ELMORE, Judge. Respondents appeal from: (1) an order adjudicating the juveniles neglected; and (2) a disposition order awarding legal custody and placement of the juveniles to the McDowell County Department of Social Services. After careful review, we affirm. On 29 August 2011, the McDowell County Department of Social Services ("DSS") filed petitions alleging that Y.S.P., A.M.B., E.D.B., N.E.B., R.C.T.B., T.C.T.B, and Y.D.T.B. were neglected and abused juveniles. DSS...
STEPHENS, Judge. Factual and Procedural History Plaintiffs Matthew Jenner and Julia Markson are citizens and residents of the United Kingdom. Defendant Ecoplus, Inc. is a Wisconsin corporation with its principal place of business in Huntersville, North Carolina. In May 2008, Defendant executed separate loan agreements with each Plaintiff for $150,000. Defendant defaulted on the loans, and on 15 February 2011, Plaintiffs filed suit in the United States District Court for the Western District...
BEASLEY, Judge. Sandra Ann Minor (Defendant) appeals from judgment entered pursuant to a jury verdict declaring Grover and Caroleen Minor (collectively, Plaintiffs) to be the lawful owners of the property located at 7949 Valley Falls Road (the property). Defendant also appeals from an order denying her motions for judgment notwithstanding the verdict and a new trial. For the reasons stated below, we affirm. Defendant is Plaintiffs' ex-daughter-in-law. Grover Minor (Grover) and his father...
STROUD, Judge. I. Background On 18 March 2010, Jordice Cone ("plaintiff") filed a complaint against Kathy Watson individually and as the sole proprietor of Kathy's Country Cuts in Nash County ("defendant"), alleging that plaintiff was injured when defendant negligently failed to provide sufficient lighting for her front steps. Defendant filed a motion for summary judgment on 28 March 2011. The trial court held a summary judgment hearing on 18 July 2011 and granted defendant's motion by order...
UNPUBLISHED OPINION BEASLEY, Judge. Waughtown Leasing Company, LLC, and James B. Wilson, Jr., (Plaintiffs), appeal from an order dismissing all but two of their claims for relief. We hold that this is an interlocutory order and dismiss the appeal. Plaintiffs filed a Second Amended Complaint on 16 May 2011 in Forsyth County Superior Court. The complaint alleged numerous causes of action, including equal protection claims under the state and federal Constitutions, due process claims under the...
UNPUBLISHED OPINION ROBERT N. HUNTER Jr., Judge. Allen Slaughter ("Defendant") appeals following a jury verdict finding him guilty of felonious possession of stolen goods and possession of a stolen motor vehicle. Defendant argues that the trial court erred in admitting evidence of three eyewitness identifications of Defendant, and that he received ineffective assistance of counsel. We find no error. I. Factual and Procedural History On 2 February 2010, Defendant was indicted for larceny of...
UNPUBLISHED OPINION STEPHENS, Judge. Facts and Procedural History NC Yadkin House, LLC ("NC Yadkin") owns a sixty-seven unit apartment complex in Salisbury, North Carolina. NC Yadkin rents these units exclusively to low-income tenants, and all units are subject to Section 8 regulations of the United States Department of Housing and Urban Development ("HUD"). Section 8 requires, inter alia, that NC Yadkin rent units only to individuals with incomes at least 30% below the median income for...
BEASLEY, Judge. The Town of Cedar Point (Defendant) and several financial institutions (included in the suit for notice purposes only) appeal from the trial court's entry of summary judgment in favor of Waterway Drive Property Owners' Association, Inc., by and through its members, (Plaintiffs) declaring Front Street/Waterway Drive a private road. For the following reasons, we affirm the orders of the trial court. I. Factual Background On 13 August 2010 Plaintiffs brought suit against...
UNPUBLISHED OPINION STEPHENS, Judge. Procedural History and Factual Background This appeal arises out of the enforcement of restrictive covenants in the Fleming Fields Subdivision ("Fleming Fields") in Wake County. Plaintiff Properties of Southern Wake, LLC, filed restrictive covenants for the subdivision in the Wake County Registry on 21 November 2006. Those covenants state, in pertinent part: 3.1 Time Limits . By acceptance of a deed, each Lot Owner or assigns agrees to have all public...
UNPUBLISHED OPINION STROUD, Judge. Respondent mother appeals from the trial court's order appointing new guardians for the minor child. Since respondent mother failed to sign her notice of appeal as required by N.C.R. App. P. 3.1(a), this Court has no jurisdiction to review the matter. See In re L.B., 187 N.C. App. 326, 331, 653 S.E.2d 240 , 244 (2007) (in interpreting a prior version of Rule 3.1, this Court stated that the rule is "jurisdictional, and if not complied with, the appeal must...
UNPUBLISHED OPINION ELMORE, Judge. Mortgage Information Services, Inc. (MIS) and First American Title Insurance Co. (First American) appeal from an order denying their combined motions to stay and to compel arbitration and to decertify the plaintiff class. After careful review, we affirm the trial court's order. I. Background On 22 April 2005, Kay R. Hamilton (plaintiff) refinanced her mortgage debt by procuring a home loan from Ameriquest Mortgage Company (Ameriquest). In order to gain...
McCULLOUGH, Judge. The City of Northwest ("Northwest"), appeals from the trial court's denial of its motion to dismiss East Coast Contracting, Inc.'s ("ECC") third-party complaint. For the following reasons, we affirm the denial of Northwest's motion on the limited basis of governmental immunity. I. Background This case began 9 September 2010 when The Town of Sandy Creek ("Sandy Creek") filed suit against ECC, Engineering Services, PA ("ES"), and individuals seeking recovery for damages to...
STROUD, Judge. I. Procedural History On or about 21 May 2010, Kenneth Baker, Jr., acting as administrator for his brother's estate, ("plaintiff") filed a complaint in Pender County alleging that New Hanover Medical Center and Dr. Patrick Martin negligently released Keith Baker ("decedent") from involuntary commitment and thereby caused his death. The complaint also alleged that Pender County Sheriff Carson Smith and Assistant Jailer Glenda Simpson negligently supervised decedent while he was...
