Miller v. McMillan, SC COA 2021-0110
Feb 07, 2024OUTCOME: Affirmed
Equitable Distribution, Enforcement after 20 years
Brian W. King's Legal Cases (11)
Forest City, NC
Family Lawyer at Forest City, NC
Practice Areas: Family
Isenhour v. Wynfield Isenhour Frame, 840 SE2d 537 (2020)
Apr 07, 2020OUTCOME: Victory for Client
Summary Judgment granted in favor of client; appealed by Defendant and confirmed
Gary v. Bright, 750 S.E.2d 912 (N.C. App., 2013); No. COA13-687
Dec 03, 2013OUTCOME: Reversed Trial Court Opinion for client
Overturned trial court order against client based on "substantial change of circumstances"; defined temporary versus permanent orders.
In re K.O.L., No. COA09-1699 (N.C. App. 6/1/2010) (N.C. App., 2010)
Jun 01, 2010OUTCOME: Victory for Client
Respondent-mother, however, does not argue that the petitions failed because they were not signed and verified by the director. Rather, respondent-mother, citing In re Triscari, 109 N.C. App. 285, 426 ... S.E.2d 435 (1993) and In re A.J.H-R, 184 N.C. App. 177, 645 S.E.2d 791 (2007), argues that the petitions fail because the Director of DSS signed the verifications of the petitions fifteen days before counsel for DSS signed the petitions. However, the above cases cited by respondent-mother do not support her contention, as they address petitions which were not verified or which were neither signed nor verified pursuant to N.C. Gen. Stat. § 7B-403. Further, we can find no case or statute requiring a particular time sequence in signing the verification and the petition. In fact, this Court has stated that N.C. Gen. Stat. § 7B-403(a) "does not specifically provide that the petition must be signed in addition to the signature on the verification." In re D.D.F., 187 N.C. App. 388, 395, 654 S.E.2d 1, 15 (2007). As the 7 May 2009 juvenile petitions alleging the minor children to be neglected were properly verified, the trial court had subject matter jurisdiction. Accordingly, we affirm the trial court's termination of respondent-mother's parental rights to her children.
In the Matter of J.H.R., No. COA09-809 (N.C. App. 11/3/2009) (N.C. App., 2009)
Nov 03, 2009OUTCOME: Victory for Client
The trial court's unchallenged findings of fact support its conclusion that grounds existed pursuant to N.C. Gen. Stat. § 7B-1111(a)(2) to terminate Respondents' parental rights. The trial court found ... that J.H.R. had been placed outside of Respondents' home for more than twelve months. DSS became involved with Respondents through reports that they were driving while under the influence of drugs with J.H.R. in the car. Respondents failed to complete substance abuse treatment, and made inconsistent attempts at participating in AA and NA. Respondents also continued to abuse and repeatedly test positive for drugs, including positive tests for cocaine in January 2009, just weeks before the termination hearing. Respondents also failed to maintain employment, as required by their services agreement. Thus, the trial court's findings of fact support its conclusion that Respondents failed to make reasonable progress to address the conditions that led to J.H.R.'s removal from their home, and we hold that the trial court properly found grounds for termination of Respondents' parental rights pursuant to N.C. Gen. Stat. § 7B-1111(a)(2). Accordingly, we affirm the trial court's order terminating Respondents' parental rights. Affirmed.
Carcano v. Jbss, LLC, 684 S.E. 2d 41, 200 N.C. App. 162 (N.C. App., 2009)
Oct 06, 2009OUTCOME: Summary Judgment Granted
This is a complex contract matter, where seven different causes of action were brought, six were dismissed. At a later trial, the Plaintiff client collected over a $100k judgment, but the claims in thi ... s appeal were denied.
Head v. Mosier, 677 S.E.2d 191 (NC App 2009)
Jun 02, 2009OUTCOME: Victory for Client
This case establishes the way child support is modified when the paying spouse is self-employed.
In the Matter of C.K.C.B., No. COA07-651 (N.C. App. 10/2/2007) (N.C. App., 2007)
Oct 02, 2007OUTCOME: Victory for Client
the service required by N.C. Gen. Stat. § 7B-1102 pursuant to Rule 4 was not triggered and service under Rule 5 was proper. Respondent's assignment of error is overruled.
In the Matter of M.B.P, No. COA06-1512 (N.C. App. 7/3/2007) (N.C. App., 2007)
Jul 03, 2007OUTCOME: Victory for Client
Contrary to respondent mother's assertion, the orders terminating her parental rights do refer to "specific testimonies or witness[es]." The trial court made the specific finding that it "does not find ... the testimony of the mother that she has in fact been diligent in her efforts to comply with her family services case plan to be persuasive or credible." As to T.M.W., the trial court further found that "the mother also failed to avail herself of opportunities to visit with the child, providing excuses such as lack of transportation or job conflicts that the Court does not find credible." Without a showing that she made any attempt to reconstruct the testimony or that she was in any way unable to do so, respondent mother has failed to demonstrate prejudice from the flawed recording. Clark, 159 N.C. App. at 83, 582 S.E.2d at 662. "Moreover," as in Clark, "the trial court's extensive findings indicate a careful evaluation of all the evidence." Id. Accordingly, we overrule her assignments of error.
Wilkerson v. MacCLAMROCK, 560 S.E.2d 368, 355 N.C. 223 (N.C., 2002)
Jan 31, 2002OUTCOME: Victory for Client
Landlord appealed $40k verdict for client for unfair and deceptice trade practices, Court of Appeals upheld judgment
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