PER CURIAM. Justice JACKSON took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See, e.g., Amward Homes, Inc. v. Town of Cary, 365 N.C. 305, 716 S.E.2d 849 (2011); State v. Pastuer, 365 N.C. 287, 715 S.E.2d...
PER CURIAM. In Leandro v. State, 346 N.C. 336 , 488 S.E.2d 249 (1997) and Hoke County Board of Education v. State, 358 N.C. 605 , 599 S.E.2d 365 (2004), 2 this Court first found and then reaffirmed that the Constitution of North Carolina guarantees "every child of this state an opportunity to receive a sound basic education in our public schools." 346 N.C. at 347, 488 S.E.2d at 255; accord 358 N.C. at 649, 599 S.E.2d at 397. Following our opinion in Leandro, the State created...
MARTIN, Justice. In this case we are presented with a failed corporate venture and asked what remedy, if any, is available to plaintiffs. We hold that plaintiffs did not present evidence sufficient to establish a breach of fiduciary duty claim and reverse the decision of the Court of Appeals on that issue. We reverse and remand to the Court of Appeals for application of the piercing the corporate veil doctrine to plaintiffs' agency claims. Defendant Corinna Freeman and her now-deceased...
PER CURIAM. Justice BEASLEY took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the orders of the Court of Appeals. Accordingly, the orders of the Court of Appeals are left undisturbed. AFFIRMED.
PER CURIAM. For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for further remand to the Superior Court, Duplin County, for additional proceedings consistent with this opinion. REVERSED AND REMANDED.
PER CURIAM. AFFIRMED. Justice JACKSON did not participate in the consideration or decision of this case.
HUDSON, Justice. Here we address whether the individual defendants waived their contractual right to demand arbitration through actions inconsistent with arbitration rights and prejudicial to plaintiffs. We conclude that plaintiffs have failed to prove such prejudicial actions. Therefore, we reverse the decision of the Court of Appeals and remand for further proceedings. Frank Woody and Todd Yates (defendants), along with plaintiff Wilton Drake, are financial planners and advisers who each...
NEWBY, Justice. In this case we explore the application of section 75-1.1 of our General Statutes, the unfair and deceptive practices statute, to the consumer loan market. First, we must decide whether an action for misrepresentation under section 75-1.1 requires reliance by a borrower who accuses a lender of collecting a fee for a discounted loan without actually charging a discounted interest rate. Second, we must determine whether section 75-1.1 imposes a price ceiling on the fees a closing...
PER CURIAM. AFFIRMED. Justice BEASLEY did not participate in the consideration or decision of this case.
PER CURIAM. Justice BEASLEY took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals stands without precedential value. See, e.g., Amward Homes, Inc. v. Town of Cary, 365 N.C. 305, 716 S.E.2d 849 (2011); Goldston v. State, 364 N.C. 416 , 700 S.E.2d 223 (2010). As to the...
NEWBY, Justice. Today we clarify the effect of an unresolved request for attorney's fees on an appeal from an order that otherwise fully determines the action. Once the trial court enters an order that decides all substantive claims, the right to appeal commences. Failure to appeal from that order forfeits the right. Because attorney's fees and costs are collateral to a final judgment on the merits, an unresolved request for attorney's fees and costs does not render interlocutory an appeal...
MARTIN, Justice. Plaintiff, Catryn Bridges, seeks money damages from defendants, Harvey and Barbara Parrish, for the criminal acts of their 52-year-old son Bernie. Plaintiff alleges that Harvey and Barbara negligently stored their firearm, which Bernie wrongfully took from their home and used to shoot plaintiff. We hold these parents are not liable for the criminal conduct of their 52-year-old son. Plaintiff made the following allegations in her complaint: Plaintiff dated Harvey and Barbara's...
EDMUNDS, Justice. Although defendant-appellant Sandra Minor (defendant) alleged in her counterclaim and at trial that she became the owner of an entire parcel of land through adverse possession, she argued on appeal that the trial court erred in failing to instruct the jury that it could find she adversely possessed some portion of the parcel. We conclude that the trial court's instructions were consistent both with defendant's pleading and with her evidence that she adversely possessed the...
EDMUNDS, Justice. In the aftermath of a house fire on property belonging to defendant Cully's Motorcross Park, Inc. (Cully's), an investigator for plaintiff North Carolina Farm Bureau Mutual Insurance Company (Farm Bureau) found strong evidence of arson and reported his suspicions to a Wilson Police Department sergeant. These findings included allegations that defendant Laurie Volpe (Volpe), Cully's president and sole stockholder, had failed to report to Farm Bureau that there was a deed of...
JACKSON, Justice. In this appeal we consider whether an injured person may bring a civil action against a defendant pursuant to the civil relief provision of the Sedimentation Pollution Control Act of 1973 ("SPCA") when the defendant has received notices of noncompliance, but has not been cited for a violation of a relevant law, rule, order, or erosion and sedimentation control plan. We hold that before an injured person can have standing to bring a civil action pursuant to section 113A-66 of...
PER CURIAM. Justice BEASLEY took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See, e.g., Amward Homes, Inc. v. Town of Cary, 365 N.C. 305, 716 S.E.2d 849 (2011); Goldston v. State, 364 N.C. 416 , 700 S....
JACKSON, Justice. Opinion of the Court In this case we consider whether the order by the North Carolina Utilities Commission ("the Commission") approving a 10.5% return on equity 1 ("ROE") for Duke Energy Carolinas, LLC ("Duke") contained sufficient findings of fact to demonstrate that it was supported by competent, material, and substantial evidence in view of the entire record. Because we conclude that the Commission failed to make the necessary findings of fact to support its ROE...
