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North Carolina Court of Appeals Reports NORTH CAROLINA COURT OF APPEALS REPORTS VOLUME 218 17 JANUARY 2012 7 FEBRUARY 2012 RALEIGH 2016 CITE THIS VOLUME 218 N.C. APP. TABLE OF CONTENTS Judges of the Court of Appeals .......................... v Table of Cases Reported ................................ vii Table of Cases Reported Without Published Opinions ....... viii Opinions of the Court of Appeals ........................ 1-612 Headnote Index ....................................... 613 iii This volume is printed on permanent, acid-free paper in compliance with the North Carolina General Statutes. iv THE COURT OF APPEALS OF NORTH CAROLINA Chief Judge LINDA M. McGEE Judges WANDA G. BRYANT J. DOUGLAS McCULLOUGH ANN MARIE CALABRIA CHRIS DILLON RICHARD A. ELMORE MARK DAVIS SANFORD L. STEELMAN, JR. RICHARD D. DIETZ MARTHA GEER JOHN M. TYSON2 LINDA STEPHENS LUCY INMAN3 DONNA S. STROUD VALERIE J. ZACHARY4 ROBERT N. HUNTER, JR.1 Emergency Recall Judges GERALD ARNOLD RALPH A. WALKER Former Chief Judges GERALD ARNOLD SIDNEY S. EAGLES, JR. JOHN C. MARTIN Former Judges WILLIAM E. GRAHAM, JR. ROBERT H. EDMUNDS, JR. JAMES H. CARSON, JR.5 JAMES C. FULLER J. PHIL CARLTON K. EDWARD GREENE BURLEY B. MITCHELL, JR. RALPH A. WALKER HARRY C. MARTIN6 HUGH B. CAMPBELL, JR.9 E. MAURICE BRASWELL ALBERT S. THOMAS, JR. WILLIS P. WHICHARD LORETTA COPELAND BIGGS DONALD L. SMITH7 ALAN Z. THORNBURG CHARLES L. BECTON PATRICIA TIMMONS-GOODSON ALLYSON K. DUNCAN ROBIN E. HUDSON SARAH PARKER ERIC L. LEVINSON ELIZABETH G. McCRODDEN JOHN S. ARROWOOD ROBERT F. ORR JAMES A. WYNN, JR. SYDNOR THOMPSON8 BARBARA A. JACKSON JACK COZORT CHERI BEASLEY MARK D. MARTIN CRESSIE H. THIGPEN, JR. JOHN B. LEWIS, JR. ROBERT C. HUNTER10 CLARENCE E. HORTON, JR. LISA C. BELL11 JOSEPH R. JOHN, SR. SAMUEL J. ERVIN IV12 1 Appointed 1 January 2015. 2 Sworn in 1 January 2015. 3 Sworn in 1 January 2015. 4 Appointed 31 July 2015. 5 Deceased 28 August 2015 6 Deceased 3 May 2015. 7 Deceased 4 January 2015. 8 Deceased 27 January 2015 9 Deceased 11 September 2015. 10 Retired 31 December 2014. 11 Resigned 31 December 2014. 12 Resigned 31 December 2014. v Clerk JOHN H. CONNELL13 DANIEL M. HORNE, JR.14 OFFICE OF STAFF COUNSEL Director Leslie Hollowell Davis Assistant Director Daniel M. Horne, Jr. Staff Attorneys John L. Kelly Shelley Lucas Edwards Bryan A. Meer Eugene H. Soar Nikiann Tarantino Gray David Alan Lagos Michael W. Rodgers Lauren M. Tierney ADMINISTRATIVE OFFICE OF THE COURTS Director Marion R. Warren15 Assistant Director David F. Hoke OFFICE OF APPELLATE DIVISION REPORTER H. James Hutcheson Kimberly Woodell Sieredzki Jennifer C. Peterson 13 Retired 31 October 2015. 14 Appointed 1 November 2015. 15 Appointed Interim Director 1 May 2015. Appointed Director 3 November 2015. vi CASES REPORTED PAGE PAGE 42 East, LLC v. D.R. Horton, Inc. ... 503 Procar II, Inc. v. Dennis ........... 600 Blue Ridge Sav. Bank, Inc. Royster v. McNamara ............. 520 v. Mitchell .................... 410 Seal Polymer Indus. Cambridge Southport, LLC v. Se. v. Med-Express, Inc. ........... 447 Brunswick Sanitary Dist. ....... 287 State v. Adams ................... 589 Carden v. Owle Constr., LLC ....... 179 State v. Ballance ................. 202 Carr v. Dep’t of Health & State v. Barr .................... 329 Human Servs. ................ 151 State v. Burrow .................. 373 Carter v. TD Ameritrade Holding State v. Chapman ................ 428 Corp. ........................ 222 State v. Cook .................... 245 Coffey v. Weyerhaeuser Co. ........ 297 State v. Cox ..................... 583 Cox v. Roach .................... 311 State v. Ellerbee ................. 596 State v. Hammonds ............... 158 Day v. Brant ..................... 1 State v. Harrison ................. 546 Dominion Radio Supply, Inc. State v. Hogan ................... 305 v. Colclough .................. 193 State v. Holder ................... 422 State v. Kidwell .................. 134 Fields v. McMahan ............... 417 State v. King ..................... 347 Fort v. Cnty. of Cumberland ....... 401 State v. King ..................... 384 State v. Lee ...................... 42 Greco v. Penn Nat’l Sec. Ins. Co. .... 394 State v. Matthews ................ 277 State v. Pender ................... 233 In re A.R.P. ...................... 185 State v. Privette .................. 459 In re Family Tree Farm, LLC ....... 577 State v. Reeves ................... 570 In re Hutchinson ................. 443 State v. Reynolds ................. 433 In re J.A.P. ...................... 190 State v. Rico ..................... 109 In re J.K.C. ...................... 22 State v. Shaw .................... 607 In re J.S.L. ...................... 610 State v. Sistler ................... 60 In re McLamb ................... 485 State v. Spencer .................. 267 In re T.H. ....................... 123 State v. Surratt ................... 308 State v. Watkins .................. 94 Johnston Cnty. ex rel Bugge State v. Williams ................. 450 v. Bugge ...................... 438 Jones v. Whimper ................ 533 Westmoreland v. High Point Healthcare, Inc. ............... 76 Kenton v. Kenton . 603 Williams v. United Cmty. Bank ..... 361 Klingstubbins Se., Inc. v. 301 Hillsborough Williamson v. Long Leaf St. Partners, LLC .............. 256 Pine, LLC ..................... 173 McAdams v. Safety Kleen Sys., Inc. ...................... 166 Mosqueda v. Mosqueda ........... 142 Muteff v. Invacare Corp. ........... 558 vii CASES REPORTED WITHOUT PUBLISHED OPINIONS PAGE PAGE Allran v. Wells Fargo .............. 454 In re V.M.F. ...................... 455 Apac-Atlantic, Inc. v. Firemen’s In re W.L.M. ..................... 455 Ins. Co. ...................... 198 In re Z.D.N.T. .................... 455 Baker v. Baker ................... 454 Jackson v. ES&J Enterprises, Inc. ... 455 Beatty v. Jones ................... 454 Bowers v. Temple ................ 454 Knowles v. Wackenhut Corp. ...... 199 Bramblett v. Bramblett ............ 454 Kraus v. Wells Fargo Sec., LLC ..... 199 Cagle v. Marriott ................. 454 Lane v. Lane ..................... 455 Caliber Builders, LLC, v. Waste Water Sys. Lingerfelt v. Advance Transp., Inc. ... 455 of N.C., Inc. ................... 198 Callanan v. Walsh ................ 454 Mainline Supply Co. v. Hillcrest Captran Nevada Corp. v. Kirklin Constr., Inc. .................. 455 Law Firm ..................... 454 Matthews v. Cmty. Newspapers, Caravantes v. Dowless ............ 454 Inc. .......................... 199 Charnoff v. Calder ................ 198 McCracken & Amick, Inc. v. Perdue ..................... 455 Davis v. Groff .................... 454 Moose v. Watkins ................ 199 Dellinger v. Barnes ............... 454 Nix v. Nix ....................... 199 Federated Fin. Corp. of Am. v. Jenkins ..................... 198 Orban v. Wilkie .................. 199 Formyduval v. Yeddo ............. 454 Panos v. Timco Engine Center, Inc. 455 Gasper v. Bd. of Trs. of Halifax Cmty. Coll. ................... 454 Reasoner v. Reasoner ............. 199 Remi v. Tyrone ................... 455 In re A.S.Y. ...................... 454 In re C.D. ....................... 198 Scotchie v. Scotchie Enters., Inc. 455 In re C.L.R. ...................... 198 Security Credit Corp., v. Mid/East In re F.T. ........................ 198 Acceptance Corp. ............. 456 In re G.C. ....................... 198 Shumaker v. Wake Forest In re J.M. ....................... 198 Univ. Baptist Med. Ctr. ......... 199 In re J.S.S. ...................... 198 Simpson v. Robertson ............. 456 In re K.D.C.T.J. .................. 454 Solomon v. N.C. State Veterans Nursing In re K.K. ....................... 455 Home-Fayetteville ............. 199 In re K.M.M. ..................... 198 Spanish Moss, LLC v. Wachovia .... 456 In re K.S. ........................ 198 State v. Barber ................... 199 In re L.M.R. ..................... 198 State v. Bell ..................... 456 In re M.D.B. ..................... 198 State v. Boyd .................... 456 In re R.K. ....................... 455 State v. Brown ................... 456 In re Richardson ................. 198 State v. Caldwell ................. 199 In re S.C.U. ...................... 455 State v. Coleman ................. 199 In re S.P. ........................ 455 State v. Cox ..................... 456 In re S.R. ........................ 199 State v. Daniels .................. 200 In re S.S. ........................ 199 State v. Davis .................... 200 In re T.J. ........................ 455 State v. Davis .................... 456 viii CASES REPORTED WITHOUT PUBLISHED OPINIONS PAGE PAGE State v. Few ..................... 456 Thornton v. Stuckey .............. 458 State v. Frazier ................... 200 Town of Leland v. HWW, LLC ...... 458 State v. Fullwood ................ 456 State v. Gamble .................. 456 Wachovia Bank of Del., N.A. State v. Goldston ................. 200 v. Askew ..................... 201 State v. Grier .................... 456 Wayne Hood Constr., Inc. State v. Haqq .................... 456 v. Hennessey .................. 201 State v. Harris ................... 456 State v. Hudson .................. 457 State v. Hunter ................... 457 State v. Johnson ................. 457 State v. Jones .................... 200 State v. Kahley ................... 457 State v. Kelly .................... 457 State v. Khan .................... 200 State v. Lewis .................... 200 State v. Luker .................... 200 State v. Merritt ................... 200 State v. Miller ...................
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