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Court of Appeals Published Opinions - August 2007

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

8-2-2007 - Opinions

4284 - Nash v. Tindall Corporation

Mark Nash, Joel Kennedy, David Prosser, Denise Prosser, Jerry Stevens, and Joyce Million (collectively Plaintiffs) appeal the trial court’s grant of summary judgment to Tindall Corporation. Plaintiffs argue the trial court erred in applying North Carolina’s statute of repose and holding as an alternative sustaining ground that Plaintiffs’ claims for willful and wanton conduct and gross negligence were barred by the doctrines of res judicata and collateral estoppel.

8-3-2007 - Opinions

4285 - State v. Whitten

Danny Whitten appeals his conviction for assault with intent to commit criminal sexual conduct in the third degree. Whitten argues the trial court erred in refusing to charge assault and battery of a high and aggravated nature as a lesser-included offense.

8-9-2007 - Opinions

4286 - Brown v. Brown

In this domestic action, Husband alleges the family court erred in finding that unallocated support payments were non-deductible to him and non-taxable to Wife, and in ordering Husband to amend his tax returns, file a joint return with Wife, or compensate Wife for the tax consequences she suffered. We affirm as modified.

8-14-2007 - Opinions

4287 - State v. Bennett

Tony S. Bennett appeals his Community Supervision program (CSP) revocation on the grounds: (1) he was charged, convicted, and sentenced as a first offender and thereby not required to participate in CSP; and (2) the trial court erred in holding he was required to challenge his sentence through a timely post-conviction relief (PCR) application.

8-21-2007 - Opinions

4288 - International Fidelity Insurance Company v. China Construction America (SC) Inc.

International Fidelity Insurance Company appeals the circuit court's order granting summary judgment to China Construction America, Inc., on Surety's action seeking payment of contract funds.

8-23-2007 - Opinions

4289 - Floyd v. Morgan

Richard Morgan (Father) appeals from a family court order granting Sherrie Jean Floyd’s (Mother) request for a child support reduction. Father further argues the family court erred in modifying a contractual term of the parties’ settlement agreement, and in denying his request for attorney’s fees.

8-24-2007 - Opinions

4290 - Maxwell v. Lette

In this domestic action, Husband appeals from the family court's order dismissing his action to terminate alimony awarded to Wife pursuant to a settlement agreement in the parties' prior separate maintenance and support action.

4291 - Robbins v. Walgreens

In this workers' compensation case, Robbins appeals from the denial of his claim for additional compensation based on a change of conditions.