ELMORE , Judge . Michael Johnson appeals from an order granting the motion of Wells Fargo Bank, N.A., to reopen the upset bid period in a power-of-sale foreclosure action on the basis that Wells Fargo never received notice of Johnson's upset bid, and that if it had, Wells Fargo would have placed an additional upset bid prior to the period's expiration. On appeal, Johnson contends the trial court lacked subject matter jurisdiction to reopen the upset bid period because the rights of the...
AFFIRMED. FootNotes 1. We note that the appeal to the North Carolina Property Tax Commission was from the decision of the Wayne County Board of Commissioners.
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 taxpayer equipment was used "directly and exclusively for the conversion of solar energy to electricity," though under construction, the use of the equipment was within the criteria set forth...
AFFIRMED. FootNotes 1. We note that the appeal to the North Carolina Property Tax Commission was from the decision of the Greene County Board of Commissioners.
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 taxpayer equipment was used "directly and exclusively for the conversion of solar energy to electricity," though under construction, the use of the equipment was within the criteria set forth...
MURPHY , Judge . This case requires that we examine the relationship between a public document entitled an "Opinion and Award" ("Award") and a workers' compensation claimant's privacy interest in the personal medical information relevant to the resolution of his claim. Every year, the North Carolina Industrial Commission enters hundreds of Awards, which are the written records of decision for adjudicated workers' compensation claims. After these Awards are entered, they are uploaded to a...
STROUD , Judge . Plaintiff Amy S. Grissom ("Mother") appeals from the trial court's order holding that defendant David I. Cohen ("Father") is not in civil contempt of a prior custody order based upon the refusal of the parties' daughter, Mary, 1 to return to the physical custody of Mother. The trial court first entered an order denying Mother's motion for contempt on 17 August 2016, but this order did not include findings of fact necessary to permit review by this Court, so we vacated that...
DIETZ , Judge . Andrew and Bethany Slack own a home on several acres of land in Orange County. There is a gravel road along the eastern edge of their property. That private drive has existed in one form or another since at least the 1940s. This appeal concerns who, if anyone, has an easement to use that gravel road to access other properties north of the Slacks' property. At the summary judgment hearing below, Plaintiffs asserted a slew of alternative legal theories touching on nearly...
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 . Defendant Arthur E. Davis, III, appeals from the trial court's order denying his motion for reconsideration and relief from summary judgment. The trial court previously granted Plaintiff DavFam,...
DAVIS , Judge . On 30 April 2016, John Pinto, Jr. sought to purchase a vehicle from Valley Auto World ("VAW"), a car dealership in Fayetteville, North Carolina. Although the sales documents listed VAW as the seller of the vehicle, the actual owner was a separate entity, VW Credit Leasing, Ltd. ("VW Credit"). Later that evening, Pinto was killed in a collision while driving the vehicle. The occupants of the other car involved in the wreck were seriously injured and filed a negligence lawsuit...
STROUD , Judge . Defendant University Financial Properties, LLC ("defendant") appeals from the trial court's order entered 29 September 2016 granting plaintiff's motion to amend its "Complaint, Declaration of Taking and Notice of Deposit and Service of Plat." On appeal, defendant argues that the trial court erred by ruling that defendant's voluntary dismissal had no effect to end the case and in granting plaintiff's motions to amend its complaint. We reverse the trial court's order because...
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 . Respondents Rebecca Worsham and Greg Worsham appeal from the superior court's order authorizing the foreclosure of their property pursuant to the power of sale provision of the Deed of Trust. We...
DAVIS , Judge . This case requires us to examine (1) the requirements for a valid consent adjudication order in an abuse, neglect or dependency case; and (2) the extent to which findings in a pre-hearing order can be used to support an adjudication of neglect. A.F. ("Respondent") appeals from adjudication and disposition orders finding her daughter R.L.G. ("Rory") 1 to be a neglected juvenile and continuing her custody with the Brunswick County Department of Social Services ("DSS")....
