Recent Cases from the Court of Appeals That May be Of Interest

Recent Cases from the Court of Appeals That May be Of Interest

On Tuesday, January 7, 2020, the Court of Appeals issued a large number of opinions, including several that may be of interest to administrative law practitioners.  Opinions discussing the Rules of Civil Procedure and Rules of Evidence are included because of their potential usefulness in OAH cases.  Myers v. Myers, although a family law case, will be of interest on several issues.  Summaries are taken directly from the Court’s website, with a few notes added (they’re in complete sentences).

Published opinions: 

Akshar Distribution Co. v. Smoky’s Mart, Inc.
Default judgment as Rule 37 discovery sanction; Rule 59 motion tolled period to notice appeal; argument to reverse default judgment unpreserved; retirement of trial judge rendered Rule 59 motion unreviewable below; Rule 59 motion denied 

Brown v. Fayetteville State Univ.
Career State employee; After-acquired-evidence doctrine (McKennon rule); Procedural due process requirements.

The case confirms that the McKennon rule regarding after-acquired evidence applies in cases under N.C.G.S. Chapter 126, State Human Resources Act.

Causey v. Cannon Sur., LLC
void confession of judgment; confession of judgment violated seizure order; N.C. Captive Insurance Act; judicial estoppel 

Gen. Fid. Ins. Co. v. WFT, Inc.
corporate fraud; fraudulent transfer; piercing the corporate veil; unfair and deceptive trade practices 

In re: Lowe’s Home Ctrs., LLC
Property Tax; Revaluation; Misapplication 

Myers v. Myers
Expert Testimony, NC Rule of Civil Procedure 26, Alimony

Among other things, the lengthy opinion:

  • Addresses the propriety under the Code of Judicial Conduct of the trial court’s consultation of a School of Government disinterested witness.
  • Holds that Rule 26(b)(4)(a)(1) does require advance disclosure of expert witnesses who will testify at trial, even without a discovery request, discovery plan, or court order.
  • Discusses what “inherent authority” of the trial judge means in the discovery sanctions context.

Nanny’s Korner Day Care Ctr., Inc. v. NC Dep’t of Health & Hum. Servs.
exhaustion of administrative remedies; Tort Claims Act; statute of limitations

The Court affirms the Industrial Commission’s dismissal of the Tort Claims Act case as outside the statute of limitations, finding that the statute was not tolled while the plaintiff exhausted administrative remedies.

State of NC [DEQ] v. Wasco, LLC
res judicata; law of the case; impossibility of compliance with injunction; failure to join necessary party; untimely appeal from motion for reconsideration

The case involves RCRA post-closure permit, petitions for rulemaking and declaratory ruling, and upholds an injunction mandating filing of the RCRA permit.

Unpublished opinions 

Clement v. Cumberland Cty.
Zoning Ordinance, Bona Fide Farm Exception, Administrative Remedies 

Martin v. Irwin
personal jurisdiction; N.C.R. Civ. P. 60(b)(4); N.C.R. Civ. P. 4(j); insufficient service of process and personal jurisdiction

Service on attorney without evidence the attorney represented the defendant is found invalid.