Legal Opinion · Concurring in part, dissenting in part

In re A.S.

Court of Appeals of North Carolina

Decided February 20, 2007No. COA06-1028Published

1Concurring in part, dissenting in part

LEVINSON, Judge concurring in part and dissenting in part.

I concur in the majority opinion except insofar as it requires the trial court to amend its order. Here, the trial court made the following relevant conclusion of law:

That by clear, cogent and convincing evidence, the minor child, M.J.W., is an abused child pursuant to N.C. Gen.Stat. § 7B-101(1) in that the minor child has been the victim of physical abuse by [mother], and that [mother] and respondent father inflicted or allowed to [be] inflicted upon the minor child a serious physical injury by other than accidental means. That the…

2Cases cited2 opinions

  1. Matter of MontgomerySupreme Court of North Carolina · 1984
  2. In re J.A.G.Court of Appeals of North Carolina · 2005

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