McCULLOUGH , Judge . Respondent mother appeals from an order awarding legal guardianship of her son L.M. ("Lance") 1 to foster parents. We affirm in part and vacate and remand in part. I. Background Although the record indicates that Robeson County Department of Social Services ("DSS") has been involved with respondent's family off and on since 1992, Lance's case began on 10 January 2002 when DSS filed a juvenile petition alleging Lance was a neglected juvenile in that he lived in an...
UNPUBLISHED OPINION An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. Respondent-father appeals from the trial court's order terminating his parental rights to the minor child, Ryan 1 . For the reasons discussed herein, we affirm the trial court's order. I. Background...
ERVIN , Judge . Juvenile Z.T.W. appeals from orders finding him to be in willful violation of his juvenile probation, ordering that he be placed in an out-of-home placement, and requiring that he be held in secure custody pending placement out of his home. On appeal, Juvenile contends that the trial court erred by finding that he had violated the terms and conditions of his probation based solely on hearsay evidence, finding that he had willfully violated the terms and conditions of his...
McGEE , Chief Judge . Dr. Sivaramalingam Manickavasagar ("Plaintiff") was hired by the North Carolina Correctional Institution for Women ("NCCIW") as a Physician III-A, and was fired from that position while still on "probationary/trainee" status. Plaintiff then filed a complaint against the North Carolina Department of Public Safety, NCCIW's medical director, Dr. Armayne Dunston ("Dr. Dunston"), and NCCIW's warden, Bianca Harris ("Warden Harris") (together, "Defendants"). Plaintiff sued Dr....
DIETZ , Judge . Respondent, the mother of J.K.P., appeals from an order terminating her parental rights. She argues that the trial court erred in allowing her to waive her right to counsel and represent herself at the termination hearing. She also contends that the trial court improperly corrected a clerical mistake on the waiver-of-counsel form after entering judgment. We reject Respondent's arguments and affirm. Facts and Procedural Background The Wake County Department of Human...
CALABRIA , Judge . Respondent-mother ("respondent") appeals from the trial court's orders which ceased reunification efforts with respondent and her minor children "Ariel" and "Cristina 1 " (collectively "the children") and awarded guardianship of the children to paternal relatives in Arizona. We dismiss in part and affirm in part. I. Background On 21 May 2012, the Cleveland County Department of Social Services ("DSS") filed petitions alleging that the children were neglected, based...
ERVIN , Judge . Plaintiff Betty D. Wright appeals from an order granting Defendants' motion to dismiss Plaintiff's complaint. [R51-53] On appeal, Plaintiff contends that the trial court erred by allowing Defendants' dismissal motion on the grounds that Plaintiff's complaint was not certified as required by N.C. Gen.Stat. 1A-1, Rule 9(j) despite the fact that Plaintiff had attempted to assert a medical malpractice claim against Defendants. After careful consideration of Plaintiff's...
GEER , Judge . Defendant Mat Dallas Pierce appeals his Burke County convictions of indecent liberties with a child, rape of a child, and sexual offense with a child by an adult. Defendant also appeals his Caldwell County convictions of first degree sexual offense and two counts of indecent liberties with a child. The victim of the Burke County indecent liberties offense is defendant's daughter "Maggie." The victim of the remaining offenses is defendant's daughter "Melissa." 1 On appeal,...
DAVIS , Judge . Frances L. Feltman ("Plaintiff") appeals from the trial court's order granting the motion to dismiss of Defendants City of Wilson ("the City"), Grant Goings, Harry Tyson ("Tyson"), Agnes Speight ("Speight"), Dathan Shows, and Suzanne Allen ("Allen") (collectively "Defendants") pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure as to two of the claims for relief asserted by Plaintiff. On appeal, Plaintiff contends that the trial court failed to apply the...
ERVIN , Judge . Defendant Tammy Bowden appeals from an order granting partial summary judgment in favor of Plaintiff Antonio Steele with respect to the conversion and trespass to personal property claims that he asserted against Defendant and from a judgment awarding Plaintiff a total of $10,570 in compensatory and punitive damages. On appeal, Defendant argues that the trial court erred by granting partial summary judgment in Plaintiff's favor with respect to his conversion and trespass to...
STEELMAN , Judge . Where plaintiffs' complaint, viewed as admitted, failed to state a claim against defendant upon which relief may be granted, the trial court did not err in granting defendant's motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, with prejudice. I. Factual and Procedural History David Bottom and Krystal Bottom (plaintiffs) owned real property in Buncombe County. On 11 November 2010, plaintiffs contracted with 1031 Exchange...
ERVIN , Judge . Defendant Shawn A. Pendergraft appeals from a judgment entered based upon his conviction for obtaining property by false pretenses and from his conviction of felonious breaking or entering in a case in which the trial court arrested judgment. On appeal, Defendant argues that the trial court lacked jurisdiction to enter judgment against him based upon his conviction for obtaining property by false pretenses, that the trial court erroneously denied his motions to dismiss the...
BRYANT , Judge . Because the Superior Court utilized the appropriate standard of review applicable to an appeal from an order of the Town of Holden Beach Board of Commissioners and did not err in affirming the order of the Board which affirmed an order condemning petitioner's ocean-side motel and authorizing its demolition, we affirm the Superior Court's order. Petitioner Six at 109, LLC ("petitioner"), owns a building known as Captain Jack's Motel ("the motel"), located in the Town of...
McCULLOUGH , Judge . Harry Preddy and Valerie Preddy ("defendants") appeal from a judgment entered in favor of Carolina Marlin Club Marina Association, d/b/a Morehead Beaufort Yacht Club (the "Association"). For the following reasons, we affirm. I. Background On 11 April 1988, the Department of Natural Resources and issued a permit to Gene McClung ("declarant") "authorizing development [of private property] in Carteret County at Newport River, adjacent to Ware and Runsel Creeks[.]"...
DILLON , Judge . William Phelan Pate ("Plaintiff") appeals from an order adjudicating that his consent to his daughter's adoption was not required. For the reasons stated below, we affirm. I. Background Plaintiff and Shaunasie Unique Perkins ("Ms. Perkins") dated for about seven months from late 2011 to mid-2012, while both were attending high school and into the summer. The two engaged in sexual intercourse on a number of occasions. At some point during their relationship, Ms. Perkins...
DILLON , Judge . Corporate Plaintiff Le Oceanfront, Inc. and individual Plaintiffs Karen W. Johnson, and Horace M. Johnson 2 appeal from a trial court's ruling granting summary judgment in favor of Defendant Lands End of Emerald Isle Association, Inc. ("the HOA"), declaring the HOA to be the fee simple owner of a certain strip of land adjacent to the Atlantic Ocean's mean high water mark in Emerald Isle. For the following reasons, we vacate the trial court's judgment and remand for further...
GEER , Judge . Plaintiff Gary W. Jackson appeals from an order granting defendants' motion to dismiss for failure to state a claim for relief under the North Carolina Public Records Act. Plaintiff argues that the trial court erred in interpreting N.C. Gen. Stat. 132-1.3 (2013) to exempt from disclosure settlement documents pertaining to litigation instituted by defendant Carolinas Healthcare System ("CHS") against a financial institution. It is well established that the purpose of the...
BELL , Judge . Plaintiff filed a declaratory judgment action against Defendants, requesting that the court declare the rights and obligations of the parties pursuant to a Commercial General Liability Insurance Policy, including that Defendant Greyson Burns 1 was not an insured under the policy for any personal injury claim made against him by Defendant Jackson Burns in relation to an accident that occurred on 13 February 2009. The trial court granted Defendant Jackson Burns' motion for...
ROBERT C. HUNTER , Judge . The Town of Black Mountain, North Carolina ("the Town") and the County of Buncombe, North Carolina ("the County") (collectively "plaintiffs") filed suit against Lexon Insurance Company and Bond Safeguard Insurance Company ("defendants") seeking to enforce a series of subdivision performance bonds. The trial court entered summary judgment in plaintiffs' favor. On appeal, defendants argue that summary judgment for plaintiffs was improper because: (1) neither the...
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. ROBERT C. HUNTER, Judge. William Earl Huffstetler ("defendant") appeals from judgment entered after a jury convicted him of first degree murder. Defendant argues on appeal that: (1) the trial court committed plain error by instructing the...
