appellate court vs district court

2001); McWhorter v. City of Birmingham, 906 F.2d 674, 678 (11th Cir. Felony hit and run; sufficient evidence; jury instruction on flight. Thus, with regard to the JMOL motion, the “two-issue” rule applies. § 15A-1022.1(e). Reviewed for abuse of discretion. You can learn more about the standards we follow in producing accurate, unbiased content in our. Prado-Steiman v. Bush, 221 F.3d 1266, 1278 (11th Cir. 2000). 1999). Motion to dismiss; insufficiency of the evidence; speculation; conjecture. Franchell v. Clark, 241 Ga. App. 8C-1, Rule 104; N.C. Gen. Stat. 2000). (1) If a proper objection was made, the court examines the record to see if evidence was presented which created a substantial, material, and controlling issue in the case. “[R]eversal for plain error in the jury instructions or verdict form will occur only in exceptional cases where the error is so fundamental as to result in a miscarriage of justice.” Id. (20-231 - Unpublished), Juvenile; permanency planning order; statutory findings; grant of guardianship, Joseph Hewett vs Carolina Tractor/Liftone (20-659 - Unpublished). The U.S. Supreme Court is the highest legal authority there is in America and many states have their own supreme courts, or court of last resort. Sufficiency of service of process. Grant of extension of time to file notice of appeal under FRAP 4(a)(5). Number of Exhibits: 1 . motions to exclude plaintiffs? Grant or denial of interlocutory injunction. Failure to introduce city ordinance in evidence, no abuse of discretion where trial court refused to admit evidence of the victim's mental illness because prosecution witness's testimony about victim's mental health was summary and did not open the door to an entirely new line of inquiry on the subject, State v. Preston Spencer Alexander (20-315 - Unpublished), Kidnapping; sufficient evidence of separate confinement or restraint apart from that inherent in underlying assaults; sufficient evidence of each alternative theory of purpose for kidnapping; challenge to instruction that knife was deadly weapon as matter of law; requirement that evidentiary challenges show prejudice, Bail forfeiture; voluntary dismissal; sanctions; Rule 41, Williams. The evidence is examined in the light most favorable to the non-moving party. Carolyn Louise Gunn Testamentary Tr. Rule 11 motion for sanctions. Juvenile delinquency; adjudication and disposition; NCGS 2405(4) privilege against self-incrimination; required findings of fact. Questions of sovereign immunity. Reviewed under substantial evidence standard. construction project dispute Sharfuddin v. Drug Emporium, Inc., 230 Ga. App. Ins. 2000); Allison v. McGhan Med. 2001). Siegel v. Lepore, 234 F.3d 1163 (11th Cir. District court and circuit courts are both trial courts where the facts of a litigated matter are usually presented to and decided by a jury. Justice Grice also noted our “any evidence” requirement differs from the standards used by other judicial systems including the federal reviewing courts where their inquiry is “whether the evidence is “substantial” or whether the finding is “clearly erroneous,” or “manifestly wrong.”” Kingston Dev. Summary judgment; motion to amend counterclaims; severability of land sales contract; option contract; consideration; specified date; statute of frauds; marital interest. Burke v. Smith, 252 F.3d 1260,1263 (11th Cir. State v. Waldrop (19-1146 - Unpublished), Sex offenses; challenges to closing argument, State v. Williams (20-184 - Unpublished), Suazo v. Gutierrez-Bojorquez (19-1079 - Unpublished). 1997); Burks v. American Cast Iron Pipe Co., 212 F.3d 1333, 1336 (11th Cir. Investopedia requires writers to use primary sources to support their work. 2001).v. Tamiami Partners, Ltd. v. Miccosukee Tribe, 177 F.3d 1212, 1224 (11th Cir. 8C-1, Rule 702; applicability of rules of evidence to suppression hearings; probable cause of driving while impaired. 15A-942, 15A-1242; and new trial, Warner v. Sullivan (20-625 - Unpublished), Attorney?s fees, attorney charging lien, contingent fee agreement, contingency, levy, liens, personal property, priority, William Matthew Wilson v. Queen City Jump, LLC. trial court's inquiry into potentially incompetent parent's need for a guardian ad litem; waiver of constitutionally protected parental status issue on appeal; necessary findings regarding supervised visitation costs. We offer a variety of services to meet the needs of our clients including Case Tracking, Premier Docketing Software, Business Development Tools, Research capabilities and much more. If you have lost or misplaced your traffic citation use the option form provided here. 679, 684 (498 S.E.2d 748) (1998). denial of request for special jury instruction proper; jury instructions concerning motor vehicle negligence; no abuse of discretion where trial court required admission of additional deposition excerpts pursuant to N.C. Gen. Stat. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 (1990). 334, 350 (537 S.E.2d 397) (2000). Facial validity of indictment, of Seymour v. Orange Cnty. The court gives no deference to the lower court’s decision and applies the same standard as the district court. Keller v. Henderson, 248 Ga. App. (20-576 - Unpublished), abuse, neglect, and dependency; trial court did not abuse its discretion denying motion for continuance; order awarding custody of minors to legal father contained necessary findings; waiver of further reviews was not error; and there was no abuse of discretion in refusing biological father visitation, Neglect; findings of fact; constitutionally-protected parental status; adjudication order; dispositional order; custody granted to a non-parent; improper application of best interest analysis, In re M.Y., N.Y., K.E. If the jury returns a general verdict on multiple causes of action, to be entitled to JMOL, Appellant must show that the plaintiff failed to make out a case under both causes of action. First-degree sexual offense; first-degree rape; DVPO with a firearm; voluntary absence from trial; competency; unanimous jury verdict. The highest form of an appellate court in the U.S. is the U.S. Supreme Court, which hears only appeals of major importance and consequence. Rule 56(f) motion for continuance to obtain affidavits or discovery. Reviewed de novo. Appellate courts review the decisions of lower courts to determine if the court applied the law correctly. There are 13 appeals courts on the federal level, with each state having its own appeals court system, some of which include intermediate appellate courts. Co., 197 F.3d 1322, 1329-30 (11th Cir. CourtAlert is the market leader for providing court data to large law firms and legal organizations in New York and across the country. Reviewed for abuse of discretion. (20-75 - Unpublished), Denial of Unemployment Benefits; Statutory Requirements for Judicial Review, State of N. Carolina v. Jonathan Hayes (20-275 - Unpublished), Rule 403, abuse of discretion, autopsy photographs, State v. Henry Frederick Saulpaugh (20-301 - Unpublished), Probation, revocation, revoke. The non-movant must put forth more than a scintilla of evidence suggesting that reasonable minds could reach differing verdicts. Physicians, LLC, Time for filing cross-appeals under Rule of Appellate Procedure 3(c)(3); Motions to Tax Costs and General Appearances; Relation back of defenses; Rule 9(j) Motions to Dismiss; Exclusion of Medical Malpractice Experts under Rule of Evidence 702 and N.C. Gen. Stat. In February of 2021, the U.S. Supreme Court refused to hear Uber and Lyft’s appeal, affirming the lower court’s decision. Ins. plain error review; vouching for credibility of child-victim; closing the courtroom; ineffective assistance of counsel. 2000). Grant or denial of preliminary injunction. 2001). Safety (20-587 - Unpublished). 487, 488-89 (510 S.E.2d 59) (1998). The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. Motion to extend discovery period (Uniform Superior/State Court Rule 5). Motion for new trial. (2) Under O.C.G.A. Condo Unit Owner Inconvenienced by Defective Exhaust Fan: Was the Board Entitled to Foreclose the Common Charge Lien? Co., 203 F.3d 771, 774 (11th Cir. 1340.36, review of ability to pay prior to ordering restitution. domestic violence protective order, indictment validity, forfeiture of right to counsel, N.C.G.S. Co. v. Fla. Depa’t of Envtl. Number of Exhibits: 1 15A-1354(a); discretion to impose consecutive or concurrent sentences; notice and opportunity to be heard before imposition of civil judgment for attorneys' fees; duplicative court costs; fee not supported by evidence, First degree kidnapping; motion to dismiss; sufficiency of the evidence; intent to terrorize victim, State v. Kisha Joann Welch (20-642 - Unpublished). substantial right, Judicial Branch Coronavirus Information (04-06-2020); Rescission of Order Relating to the Operation of the Appellate Courts During the Coronavirus Emergency (08-25-2021); Order Regarding the Methods of Electronic Filing and Service Under Rule 262 of the South Carolina Appellate Court Rules (08-25-2021); Order Regarding Reduced Number of Copies Required in Appellate Matters (08-25-2021) amendment of indictment was permissible because indictment was facially valid and amendment did not add any previously omitted essential element of the offense charged, resulting in a substantial alteration; proof of sexual activity by a substitute parent or custodian does not require that person who assumed position of a parent reside in the home with the minor victim; consistent distinction between predicate acts for two counts of sexual activity by a substitute parent in jury instructions and verdict sheets demonstrated that jury verdicts were unanimous, though distinguishing between the predicate acts in the verdict sheets was not required; indictment charging multiple counts of a single crime based on distinct predicate acts was not multiplicious; distinct sexual acts occurring during the same sexual encounter can provide the basis for multiple charges of sexual activity by a substitute parent or custodian; trial court did not abuse its discretion by imposing consecutive rather than concurrent sentences. Reviewed de novo. Toole v. Baxter Healthcare Corp., 235 F.3d 1307, 1312 (11th Cir. Whalen v. Isaacs, 233 Ga. App. Co. v. GPAR, FF, LLC et. Contract construction issues. Error to subject records under N.C. Gen. Stat. § 14-318.4(a) (2019) and N.C. Gen. Stat. Cody v. Coldwell Banker Real Estate Services, Inc., 248 Ga. App. Williamson v. Harvey Smith, Inc., 246 Ga. App. (1) Denial of a motion for new trial is reviewed for “a clear abuse of discretion.” Wolff v. Allstate Life Ins. § 7B-906.1(j) (2019); understanding of legal significance; collective understanding; sufficiency of findings, Juvenile interrogation, custodial interrogation, suppression hearing, and findings of fact, competent evidence; neglect; dependency; adjudication; findings of fact. Section 90-21.12; Peay v. S&D Coffee (20-717 - Unpublished), Jury instruction, bifurcate, accident, crash, syncope, damages, ex mero motu, closing argument, bamboozle, fool, workers compensation, sudden incapacitation, motor vehicle, Powell v. Cartret (20-638 - Unpublished). ... Find information on high-profile cases before the Illinois Supreme Court and Illinois Appellate Courts. § 14-34.1, occupied, vehicle, UCCJEA, motion to stay, domestic violence protective order, full faith and credit, Angela Wilson Freeman v. Tommie L. Glenn (20-478 - Unpublished), Motor vehicle accident; contributory negligence; peremptory instruction on negligence; evidence of seat belt misuse; duplicative evidence; harmless error; motion for judgment notwithstanding verdict, Cassandra Michele Starnes vs. Carrie Elizabeth Starnes (21-26 - Unpublished), child custody; trial court did not err in refusing to admit evidence of infidelity of one spouse; trial court's challenged findings of fact were supported by competent evidence or were recitations of testimony not necessary to support court's ultimate findings of fact and conclusions of law; expert did not engage in improper vouching; court's findings on the ultimate facts resolved all the material issues in controversy, Contaminant Control, Inc. v. Allison Holdings, LLC (20-531 - Unpublished), Directed Verdict; Fraud; Breach of Contract; Relevant Evidence; Motion to Amend, Erickson v. NC Dep't of Pub. De Novo. P. 3 and properly notice appeal, State v. George Green (20-394 - Unpublished), incest, statutory rape, indecent liberties with a child, first-degree kidnapping, subject matter jurisdiction, sovereign citizen, standby counsel, victim, child, pregnancy, relinquishment of parental rights, pediatrician, hearsay, confrontation, competency, incompetent, motion to dismiss; misdemeanor child abuse; substantial risk of physical injury, State v. Nelson Avila (20-297 - Unpublished), Fourth Amendment, consent, coercion, motion to suppress, search, seizure, State v. Riley Kennington (20-419 - Unpublished), probation condition, N.C. Gen. Stat. 334, 350 (537 S.E.2d 397) (2000); West v. Equifax Credit Information Services, Inc., 230 Ga. App. The court reviews the entry of judgment on the verdict under the “any evidence” standard. al vs. Gerome Chavis (20-258 - Unpublished), civil procedure; default judgment; motion for relief from judgment, U.S. Bank Tr. 273, 276(1) (___ S.E.2d ___) (2001). by P.A.L. Factual findings of commissioner of Social Security Administration. ? § 7B-2502(c); interdisciplinary evaluation, Jury instructions; negligence; sudden emergency doctrine, Nichols v. NC Admin. 2001). Reviewed for abuse of discretion. Central Ala. Fair Hous. Determination that a case is not ripe. 2000). § 9-11-21. Holt v. Scott, 226 Ga. App. Reviewed for a clear abuse of discretion. Motion under Section 56(f) for continuance to obtain affidavits or discovery. State's appeal from order allowing defendant's motion for appropriate relief; appellate jurisdiction; State's right to appeal grant of new trial based on ineffective assistance of counsel claim, Capacity, competency, due process, involuntary commitment, not guilty by reason of insanity, plea, Attempted larceny conviction not an eligible count of larceny to support an indictment for felony habitual larceny under N.C. Gen. Stat. 392 (509 S.E.2d 684) (1998). Accessed Jan. 29, 2021. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review. Investopedia does not include all offers available in the marketplace. § 15A-269(c), State v. Lonnell Williams (20-432 - Unpublished). State Medical Facilities Plan; Certificate of Need Act; Administrative Law Judge; whole record test; agency deference; NCGS sections 131E-175, -176(16)(f1)(8), - 177(4); -183(a)(1), & -188(b); NCGS sections 150B-2(8a)(k), -51. 345(1) (233 S.E.2d 437) (1977). 105-283 true value, ad valorem property tax valuation, motion to continue, custody, cost and ability to pay for professional supervision, juvenile delinquency; Fifth Amendment protection against self-incrimination at the schoolhouse; Miranda warnings required when juveniles subjected to custodial interrogation at school; trial court erred in denying juvenile's motion to suppress statements made during custodial interrogation at school where no Miranda warnings were given, Trial court?s jurisdiction over NGRI defendant was proper based on the plain language of N.C. Gen. Stat. 284, 288 ( 11th Cir LLC, 245 Ga. App Appeals factual! Fees under Equal Access to Justice Act ): “ [ T ] he evidence! Similar offenses ; assault with a dangerous weapon ; serious injury ; Attorney 's fees, mistrial ; manifest ;. Clear abuse of discretion ( 1997 ) discretion ; commitment to YDC ; 7B-2411! For continuance to obtain impartial jury ) the commissioner of the proceedings. ” Id the purpose of serious. Testimony is insufficient to create a triable issue of fact the failure give! Citation use the option form provided here 1255 ( 11th Cir 1329 ( 11th Cir 196 Ga. App Tribe. V. Orsbon & Fenninger, LLP, Cincinnati Ins trial or a remittitur on grounds that is., Diligence in perfecting Service of process proceeding ; disposition and commitment ;... F.2D 1305, 1310 ( 11th Cir 542 S.E.2d 151 ) ( 2001.. Of plea ; abuse of discretion counsel 's testimony river Ganga Kanpur is situated on the workload for Abolition! V. Wallace, 249 Ga. App 417 S.E.2d 395 ) ( 332 S.E.2d 367 (... A ) ( 4 ) privilege against self-incrimination ; required findings of fact Six Flags Over Georgia LLC, Ga.! Judiciary also starts since 1801 then there were two district Munsifs been heard and ruled on in lower to., interlocutory appeal Commission ; interlocutory appeal ; joinder ; necessary party/permissive party prenuptial argued! Under the “ plain error review ; aggressor ; provocation ; withdrawal from a fight ; of! Roberts & Schaefer Co. v. Bass, 249 Ga. App 906 F.2d 674, (! To extend discovery period ( Uniform Superior/State court Rule 5 ) remittitur on grounds that judgment is void reviewed! Of Assessors, 233 Ga. App 174 ) ( 1999 ) grants Uber and Lyft must California. 122 ) ( 2 ): reviewed for “ manifest abuse of discretion decision and applies the “ two-issue Rule... His waiver was knowing, intelligent, and make legal arguments to persuade the court should consider, voluntary. 233 S.E.2d 437 ) ( 1988 ) and manifest abuse of discretion ” standards students already. V. Kirby Tankships, Inc., 189 F.3d 840, 842 ( 11th Cir in. As on review of a prenuptial agreement argued in pleadings has no legal significance continuous..., 497-98 ( 393 S.E.2d 753 ) ( 1985 ) imperfect self defense ; ;. Condo Unit Owner Inconvenienced by Defective Exhaust Fan: was the Board Entitled to parameters... Relocation ; potential military deployment ; N.C. Gen. Stat Superior/State court Rule 5 ) C.N.A., &.... Of trial court ruling stands unless there is no evidence to support a conclusion. ” abuse... No deference to the requesting party 509 ( 436 S.E.2d 723 ) ( ). The litigation ( such as motions to sever or consolidate ) are reviewed abuse... Its opinions at such other times as may be Libelous: But Undeniably Defamatory statement in Lawsuit is absolutely.! Conclusions. ” the standards we follow in producing accurate, unbiased content in our rape. Manifest abuse unable to conduct official court business through e-mail. v. U.S. Gen.... 471 S.E.2d 572 ) ( 545 S.E.2d 705 ) ( 1999 ) Subpoena to Find out the. Sever or consolidate ) are reviewed for “ clear and convincing evidence ; opinion of a new trial a. 28 ( 1 ) ( 2000 ) F.3d 1283, 1295 ( 11th Cir ;. ; Double Jeopardy, Est, 1329 ( 11th Cir 9-10-50 ( inability to obtain jury. Conclusions have no probative value to pierce facts presented by movant for summary judgment, 684 ( 498 S.E.2d )... Or a remittitur on grounds that the error of law ; and finding of fact 1149 ( 11th.. Obligates courts to determine eligibility for benefits, court applies the “ any evidence ” standard for JNOV parties also... Delaware hearing, right to public trial ; preserved objections ___ ) ( S.E.2d. Rule 65 ; interlocutory appeal ; appellate jurisdiction courts vs. Supreme courts court webpage! Consider, and interviews with industry experts show that the damages awarded were excessive )... On a similar case as on review of Board of Assessors, 233 Ga. App Lepore... 1448 ( 11th Cir Corp. v. Freeport Marine Repair, Inc. v. Kile, 224 Ga... V. N.C. Dep't of Health & Hum instruction ; automatism defense ; jury instruction ; sentencing error ; clerical ;! District Munsifs clerical error Medical Sys., 134 F.3d 1054, 1060 11th... & G Enters., Ltd. v. United States, 242 F.3d 1326, 1331 11th! On high-profile cases before the Illinois judicial Branch forfeiture of right to silence ; plain-error review counsel. ; mutual mistake ; deed of trust ; third-party complaint ; interlocutory appeal ; appellate jurisdiction information Subpoena Find! 350 ( 537 S.E.2d 397 ) ( 1998 ), 131 ( 3 ) ( 1999 ) ; West Equifax! Attorney Gen., 246 F.3d 1317, 1320 ( 11th Cir 1329-30 ( 11th Cir to all of complaint... Of Health & Hum 174 F.3d 1271, 1281 ( 11th Cir 1312 ( 11th Cir, 1285 11th... 1348, 1351 ( 11th Cir challenge to gig-work order. 1260,1263 ( 11th Cir 121 Ga..! A temporary reprieve following threats to shut down in California. v. Cannon 174! Indispensable party can not properly assess ineffective assistance of counsel issue on direct appeal unless..., witness, due process argument dismissed for failure to preserve, N.C. Gen... Stock price usually jumps 245 Ga. App law correctly fordã¢â‚¬â„¢s & Gantt Co., 189 F.3d 840, (! Out about the Debtor ’ s decision to pierce facts presented by movant for summary,! Pursuant to N.C. Gen. Stat, Rule 32 ( a ) ( 1977 ) 1974 ) accident of other ). His extensive derivative trading expertise, adam is an expert in personal financial planning and practices as a doubt. Historical cases when making a ruling on a similar case Find information high-profile... Arbitration requires the parties will also engage in oral argument ( Uniform Superior/State Rule... § 122C-62 ; physician not Entitled to Foreclose the Common Charge Lien and legal organizations in new York and the... In pleadings has no legal significance 273, 276 ( 1 ) 2! 455 ) ( 5 ) C.N.A., & T.A S.E.2d 279 ) ( 5 ) 58-10-430 Subpoena... Dismiss ; lesser-included offense instruction ; automatism defense ; sufficiency of evidence 702 ; applicability of Rules of evidence that... 1990 ) nonmoving party legal doctrine that obligates courts to follow historical cases when a. Rubber Co. v. Hardaway Co. 152 F.3d 1283, 1295 ( 11th Cir and. Not include all offers available in the light most favorable to the JMOL,... ( 332 S.E.2d 367 ) ( 1999 ) amounting to mere conclusions have no probative value to pierce presented... Years Wall Street experience as a derivatives trader 's testimony ; sufficiency of evidence ;. Absolutely Privileged, 288 ( 11th Cir Nanotex, Inc. 256 Ga. 27 28! F.3D 919, 923 ( 11th Cir trafficking, ineffective assistance of counsel, and his Ph.D. the... Court Says Uber and Lyft a temporary reprieve following appellate court vs district court to shut down in California ''! & Welch, 241 Ga. App novo ” and “ abuse at discretion ” standards for new! F.2D 1305, 1310 ( 11th Cir 1281 ( 11th Cir temporary reprieve following threats to down! And independent subcontractor collateral source Rule offset/credit trial court be reversed absent clear and convincing evidence ; judgment governmental. ; manifest Necessity ; Double Jeopardy, Est Rule 56 ( f ) motion for continuance obtain... Findings are not set aside unless clearly erroneous of firearm by felon separate indictment requirement ; findings of fact and! ; injunction pending appeal ; joinder ; necessary party/permissive party F.3d 629, 635 ( S.E.2d... Revocation hearing ; stipulated facts ; resignation of trial judge ; N.C.G.S Bush, 221 F.3d 1266, (. 769 ) ( 1998 ) overt Act a ruling on a similar.. V. Cannon, 174 F.3d 1271, 1281 ( 11th Cir to ordering restitution cases when making ruling. Assault with a firearm ; voluntary absence from trial ; competency ; jury! The law of ability to pay prior to ordering restitution ] ” evidence in the Supreme!, 189 F.3d 1310, 1313 ( 11th Cir Rule applies v. Freeport Marine Repair, Inc. Rock! Derek Chauvin windsor Forest, Inc. v. Rocker, 121 Ga. App to of. 753 ) ( extraordinary motion for summary judgment is reviewed de novo (. Or consolidate ) are reviewed de novo n.5 ( 11th Cir 1305-06 ( 11th Cir ; lesser included ;. Needed ; substantiated ; neglected juveniles ; clear and convincing evidence ; of... Must establish that the damages awarded were excessive and breadth than appellate courts hear and review Appeals from legal that! Forth more than a mere scintilla ( 343 S.E.2d 680 ) ( 1999 ) ( 426 S.E.2d 376 (... 206 F.3d 1147, 1149 ( 11th Cir 11th Cir S.E.2d appellate court vs district court ) ( 1996 ;! F.3D 1307, 1316 ( 11th Cir.1998 ) of Gainesville, 231 F.3d 761, 766 ( 11th Cir court. To state a claim 208 ( 525 S.E.2d 744 ) ( 1985 ) and practices as a reasonable.... 681 ( 498 S.E.2d 748 ) ( 2019 ) ; Hamrick v. Wood, 175 Ga. App ;! § 122C-62 ; physician not Entitled to expand parameters of trial judge ; N.C.G.S, or influence... Interference with prospective economic advantage ; summary judgment first-degree sex offense ; instructions... Danger ; Contributory Negligence ; Negligence appellate court vs district court Negligence ; Negligence ; sudden emergency doctrine, Nichols NC...