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T.W. v. Morgan County Department of Human Resources - Parental Rights Termination Appeal
The Alabama Court of Civil Appeals reversed judgments terminating parental rights due to a lack of demonstrated subject-matter jurisdiction under the UCCJEA. The court remanded the case for the juvenile court to determine jurisdiction. The decision impacts how child custody and termination cases are handled when interstate elements are involved.
Armistead v. County of Carteret - Class Action Trash Fee Opinion
The North Carolina Supreme Court affirmed a lower court's order certifying three of four proposed classes in a class action lawsuit against Carteret County regarding alleged unlawful trash and recycling fees. The court found that the class members were ascertainable and that the class satisfied predominance and superiority criteria.
State v. Thomas - Sentencing Error on Remand
The North Carolina Supreme Court ruled in State v. Thomas that a criminal defendant who successfully appeals an original sentence may receive a harsher punishment on remand if the initial sentence was illegal. The court affirmed a corrected sentence that complied with mandatory sentencing frameworks.
In re N.M.W. and A.N.D. - Permanency Planning Order
The North Carolina Supreme Court reversed a Court of Appeals decision regarding a permanency planning order in the case of In re N.M.W. and A.N.D. The court found that the trial court's order contained sufficient findings of fact to satisfy statutory criteria, reversing the appellate court's vacatur.
State v. Perry - Robbery Conviction Appeal
The North Carolina Supreme Court reversed a Court of Appeals decision that had overturned a robbery conviction. The Supreme Court found that the State presented sufficient evidence to survive a motion to dismiss, allowing the charge to proceed to the jury. This decision impacts how evidence sufficiency is evaluated in robbery cases within the state.
NC Supreme Court Upholds Class Certification for Builder Fee Refunds
The North Carolina Supreme Court has upheld a lower court's decision to certify a class of home builders in a lawsuit against the City of Raleigh. The builders allege the city unlawfully required them to pay Capital Facilities Fees as a condition of development and are seeking refunds. The court affirmed that the case can proceed as a class action, regardless of whether some builders passed the costs to purchasers.
Talley v. Earth Fare 2020, Inc. - Unjust Enrichment Award Affirmation
The North Carolina Supreme Court affirmed a Business Court order denying cross motions for judgment notwithstanding the verdict in a case involving claims for breach of contract, unjust enrichment, and violation of the Wage and Hour Act. The court's per curiam affirmance indicated the case was highly fact-bound and involved settled law.
Warren v. Cielo Ventures, Inc. - Contractual Limitation Period
The North Carolina Supreme Court reversed a Court of Appeals decision, reinstating a trial court's order granting summary judgment to Cielo Ventures, Inc. The ruling upholds a one-year contractual limitation period for claims arising from a service agreement, impacting consumers who file claims outside this period.
Jay v. Jay - Domestic Violence Order Affirmation
The North Carolina Supreme Court affirmed a lower court's domestic violence protective order in the case of Jay v. Jay. The court found that the trial court's fact-finding, which incorporated a written statement by the plaintiff, complied with procedural rules.
Sprugeon v. Mason - Pennsylvania Supreme Court Opinion
The Pennsylvania Supreme Court issued a unanimous opinion in Sprugeon v. Mason, quashing the notice of appeal and dismissing the application for leave to file nunc pro tunc. The court cited Pa.R.A.P. 910(a)(5) regarding the scope of questions considered on appeal.
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