Case Reported Without Published Opinion Affirmed.
STROUD , Judge . Ford Motor Company ("defendant") appeals from an order denying its motion to compel arbitration and dismiss. Defendant specifically argues that the trial court erred in concluding that (1) the Federal Arbitration Act ("FAA") did not apply to this dispute; (2) the parties had agreed that a court, instead of an arbitrator, would decide the arbitrability of plaintiff's claims; and (3) that plaintiff's claims were not arbitrable. We reverse. I. Background In February 2003,...
ELMORE , Judge . TigerSwan, Inc. (defendant) appeals from the trial court's Order for Summary Judgment in favor of Dale Buckner (plaintiff). After careful consideration, we reverse the trial court's Order and remand for a new hearing. I. Background In January 2012, plaintiff accepted the role of Director of Operations at TigerSwan, Inc., a company based in Apex that provides operational risk management, training logistics, crisis management, business intelligence, and security counseling...
DIETZ , Judge . In June 2013, two masked men robbed a convenience store at gunpoint. They shot up the store, leaving bullet holes and shell casings, and fled in a getaway car. The store's employees and several customers outside witnessed the robbery. The store's security cameras also recorded the robbery. Over the next month, police tried unsuccessfully to identify and apprehend the perpetrators and ultimately offered a reward for information. Defendant D'Marcus Ballard then came forward...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. DILLON , Judge . The County of Currituck, the Currituck County Board of Commissioners, and members of that Board ("Defendants") appeal from the trial court's order denying their motion to set aside entry of default....
DAVIS , Judge . This case involves a dispute regarding the entitlement of Plaintiff Bank of America, N.A. ("BOA") to enforce novations to three promissory notes executed by Defendant Christopher Harvey Rice ("Rice"). 1 BOA appeals from an order entered by Judge W. Robert Bell granting summary judgment in favor of Rice regarding BOA's attempt to enforce two of the novations. Rice appeals from an order entered by Judge Richard D. Boner granting both BOA's motion for judgment on the pleadings...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. BRYANT , Judge . Where the trial court ordered that Defendant enroll in satellite-based monitoring for his natural life absent a finding that Defendant was a recidivist, that his offense was an aggravated one, or a...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. BRYANT , Judge . Defendant Brandon Holmes Wilder appeals from an order requiring him to enroll in satellite-based monitoring ("SBM") for a term of 30 years. Because the order fails to present findings of fact...
STROUD , Judge . Plaintiff Southeastern Sureties Group, Inc., appeals trial court order granting defendant International Fidelity Insurance Company's motion to stay. For the following reasons, we affirm. I. Background This case has a lengthy and complex history, beginning with Elder Cortez, who was granted pretrial release on charges for several felonies upon posting a bond of $600,000.00. State v. Cortez, 229 N.C. App. 247, 250, 747 S.E.2d 346 , 349 (2013). Mr. Cortez failed to appear...
BRYANT , Judge . Where ambiguities exist in the language of a declaration which create an issue of material fact, the trial court erred in granting summary judgment to defendants, and we reverse. Defendants Thomas B. Sanders and Anna B. Sanders are husband and wife, who together own 95% of defendant Sanders Equipment Company, Inc. ("SEC"). The Sanders' two adult daughters, Deborah and Barbara, own the remaining 5%. The remaining defendant is Sanders Development Company, LLC ("SDC"), which...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. STROUD , Judge . Respondent appeals from an order terminating her parental rights to her son Joey 1 . For the following reasons, we dismiss in part and affirm in part. I. Background On 3 November 2011, Wake...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. TYSON , Judge . Ronald Farrow ("Defendant") appeals from judgment entered after a jury convicted him of second-degree murder. We find no error in Defendant's conviction or the judgment entered thereon. I. Factual...
DAVIS , Judge . Respondent R.D. ("Robert") 1 appeals from the trial court's 11 February 2015 orders in file number 14 JA 24 adjudicating his daughter F.C.D. ("Faye") to be a neglected juvenile and ordering that she remain in the legal custody of the Sampson County Department of Social Services ("DSS"). Respondent M.B. ("Melanie") appeals from separate orders entered on 11 February 2015 in file number 14 JA 25 adjudicating her son M.B. ("Michael") to be an abused and neglected juvenile and...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. ZACHARY , Judge . Where the trial court did not certify its interlocutory order for immediate appeal, and appellant does not argue that a substantial right would be prejudiced by delay in review, the appeal is...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. ZACHARY , Judge . Where plaintiff's failure to amend his complaint within the period prescribed in the applicable statute of limitations was not based on defendants' misrepresentations, the trial court did not err...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. STEPHENS , Judge . Plaintiff Antiquity, LLC, filed an action against Defendants ElectriCities of North Carolina, Inc., and Pike Electric, LLC, in Wilkes County Superior Court alleging claims for breach of contract...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. McGEE , Chief Judge . FCCI Insurance Group ("Plaintiff") appeals from the trial court's 29 October 2014 order, which concluded that Clifton Hinesley, Jr. ("Mr. Hinesley") and Hinesley-Thompson Company, Inc. ("the...
