ENOCHS , Judge . Christine Bodden a/k/a Christine Dryfus ("Defendant") appeals from the trial court's judgment against her, and the trial court's order awarding costs to Bradley Woodcraft, Inc. ("Plaintiff"). On appeal, she contends that the trial court erred in (1) entering a directed verdict against her as to her fraud claim; (2) entering a directed verdict against her as to her unfair and deceptive trade practices claim; (3) entering judgment where the verdicts were inconsistent; (4)...
McCULLOUGH , Judge . Bryan C. Thompson (appellant) appeals from an order entered in the incompetency proceedings of Mary Ellen Brannon Thompson (respondent) following respondent's death. For the following reasons, we vacate the orders entered after respondent's death. I. Background The history of this case includes a prior appeal to this Court which set out the background of this case up to that appeal. See In re Thompson, 232 N.C. App. 224, 754 S.E.2d 168 (2014). Those facts are as...
ELMORE , Judge . Plaintiff argues on appeal that the trial court erred in failing to confirm an arbitration award upon plaintiff's motion. We agree. The trial court's order is reversed and the case remanded for entry of (1) an order confirming the arbitration award and (2) a judgment in conformity therewith. I. Background Karen W. Flynn (plaintiff) sued David Schamens, Piliana Schamens, Invictus Asset Management, LLC, Invictus Capital Growth & Income Fund, LLP, Invictus Income Fund, LLP,...
ELMORE , Judge . Daniel Hirschman, Jason and Joan Hickey, William Hlavac, Christopher and Amy Gamber, James Miller, and Jeffrey C. Pugh and Janice M. Rivero (petitioners) appeal from the Chatham County Superior Court's order dismissing with prejudice their petition for writ of certiorari. After careful review, we affirm. I. Background According to the petition, on 30 April 2014, American Tower, LLC and AT&T Mobility (the applicant) applied to Chatham County (respondent) for a conditional-...
BRYANT , Judge . Where the only cause of action is against defendant-appellants who were not voluntarily dismissed from the case and that cause of action is based solely on allegations of what occurred in Lenoir County, venue is improper in Edgecombe County, and we reverse the order of the trial court. Jaekwon Williams, a minor, by and through his Guardian Ad Litem David Jones, Darrius Williams, and Jasmine Williams ("plaintiffs"), filed a complaint on 17 March 2015 in Edgecombe County...
McCULLOUGH , Judge . Household Realty Corporation ("Household") appeals from order denying its motion to set aside the foreclosure in file number 13-SP-272 and granting Select Transportation Services LLC's ("STS") motion to set aside the foreclosure in file number 13-SP-3311. Household also appeals from a separate order awarding STS attorney's fees. For the following reasons, we affirm in part and vacate and remand in part. I. Background As evidence of a debt owed by Ian and Susan...
TYSON , Judge . Shon F. Barnes (Shawn F. Barnes) ("Defendant") appeals from order denying his motion for summary judgment. We affirm in part, reverse in part, and remand. I. Factual Background Greensboro Police Department Captain Shon F. Barnes arrested Plaintiff on 31 January 2014 for felony possession and intent to sell and deliver cocaine, maintaining dwelling for controlled substances, and possession of drug paraphernalia. Plaintiff's arrest occurred after a raid of premises located...
DILLON , Judge . Respondent-Mother ("Mother") and Respondent-Father ("Father") (collectively referred to as "Parents") appeal from an order adjudicating L.Z.A. ("Lisa") 1 abused and neglected and continuing custody with the Mecklenburg County Department of Social Services, Youth and Family Services ("YFS"). After careful review, we affirm. I. Background The instant action stems from a report YFS received alleging that four-month-old Lisa had been admitted to the hospital on either 3...
STROUD , Judge . Petitioners Dale Thomas Winkler and DJ's Hearing Service ("Winkler" 1 ) appeal from the trial court's order affirming respondent State Board of Examiners of Plumbing, Heating, and Fire Sprinklers Contractors (the "Board")'s order revoking Winkler's license. This case arises out of a series of failures by many different people to prevent or discover the source of a deadly leak of carbon monoxide into a hotel room at a Best Western Hotel in Boone, North Carolina, until after...
DILLON , Judge . Defendant Anne J. Hansley ("Defendant") appeals the trial court's summary judgment order quieting title to property in favor of Plaintiffs Rodney Michael Dabbondanza, Jr., and Angella Lynn Dabbondanza (collectively referred to as "Plaintiffs"). For the following reasons, we reverse. I. Background This appeal concerns certain real property in Rutherford County purchased by Plaintiffs in 2015 (the "Property") and whether Defendant's 2013 judgment against a prior owner of...
ELMORE , Judge . Tammy Burger (Wife) appeals from the trial court's order entered 12 August 2015 on the issues of equitable distribution, child support, and alimony. We affirm in part and reverse and remand in part. I. Background Jeffery C. Burger (Husband) and Wife were married on 3 October 1987, separated on 30 December 2009, and divorced on 16 December 2011. They have two children, born in 1997 and 2001. On 30 September 2010, Wife filed a complaint for equitable distribution, alleging...
STEPHENS , Judge . Plaintiff, a city police officer, appeals from the trial court's judgment on the pleadings in favor of Defendant, his employer, foreclosing Plaintiff's claims for violation of his State constitutional rights to substantive due process and equal protection as a result of Defendant's failure to comply with its own rules and policies regarding its promotion process. Because we hold that Plaintiff has alleged a valid property and liberty interest in requiring Defendant to...
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 . Keodaoheaung Phongsavanh ("Defendant") appeals his conviction of trafficking by transport of methamphetamine, possession with intent to sell or deliver methamphetamine, possession with intent...
ELMORE , Judge . Following termination from her employment, Denise Malloy Hubbard (plaintiff) filed a complaint on 12 November 2014 against North Carolina State University (NCSU) and Anita Stallings (Stallings) in her official and individual capacities (collectively defendants). Plaintiff appeals from the trial court's 7 October 2015 award of summary judgment in favor of defendants. We affirm. I. Background In October 2004, plaintiff began working as the Director of Development in the...
DAVIS , Judge . Virginia Radcliffe ("Plaintiff") initiated this action alleging a violation of her civil rights and the infliction of various types of tortious conduct against her by the Avenel Homeowners Association, Inc. ("the Association"), Carmelo Buccafurri ("Buccafurri"), Stephen Murray ("Murray"), Thomas Dinero ("Dinero"), David Hull ("Hull"), Richard Progelhof ("Progelhof"), and Ron Zanzarella ("Zanzarella") (collectively "Defendants"). Plaintiff appeals from two orders of the trial...
DILLON , Judge . The Crossings at Sugar Hill ("Sugar Hill") is a residential subdivision in McDowell County. The Respondent-Appellee is Sugar Hill's homeowners' association ("Sugar Hill HOA"). The Petitioners-Appellants are owners of lots within Sugar Hill. Sugar Hill was developed in the 1990's by Mountain Creek Land Company, Inc. ("Developer"). Prior to development, the Developer recorded declarations/covenants (the "Declaration"), which provided for the formation of the Sugar Hill HOA...
ELMORE , Judge . Duplin Land Development, Inc. (defendant) appeals from the trial court's 29 June 2015 order, which denied defendant's motion for summary judgment. Defendant claims that the trial court's order affects a substantial right and is immediately appealable because res judicata bars this action. James K. Sanderford (plaintiff) filed a motion to dismiss the appeal. Pursuant to plaintiff's motion, we dismiss the appeal. I. Background After closing on a lot in the Bluffs at River...
HUNTER, JR., ROBERT N. , Judge . Defendants appeal from an order compelling discovery. The trial court ordered Defendants to produce documents withheld by the Defendants based on their assertions that the documents were prepared in anticipation of litigation and were therefore subject to confidentiality based on application of the attorney-client privilege, the work product doctrine or the joint defense privilege. After careful examination of the record and the procedures which the...
