CONTENTS 3 December 1993 APPEAL AND ERROR 210 (NCI4th). Plaintiff waived service of notice of defendants' appeal by not raising the issue by motion or otherwise and by participating without objection in the appeal, and the Court of Appeals thus had jurisdiction of the appeal and should have considered the case on its merits. Hale v. Afro-American Arts International, CRIMINAL LAW 460 (NCI4th). The trial court did not err in a first-degree murder prosecution by overruling defendant's objection to the prosecutor's closing argument where defendant introduced alibi evidence that he had been in a motel when the shooting occurred and the prosecutor attempted to discredit defendant's alibi by arguing that money could buy a lot of things, including a motel record. State v. Wilson, DAMAGES 29 (NCI4th). Assuming that plaintiff may recover damages for emotional distress in an action for retaliatory discharge for filing a workers' compensation claim, the evidence was insufficient to show any mental or emotional disturbance on the part of plaintiff resulting from defendant's actions. Abels v. Renfro Corp., EVIDENCE AND WITNESSES 108 (NCI4th). In an action for retaliatory discharge for filing a workers' compensation claim, evidence of the employer's treatment of similarly situated employees is admissible to show the employer's motive for discharging plaintiff employee. Abels v. Renfro Corp., 761 (NCI4th). There was no prejudice in a first-degree murder prosecution, assuming error, where the court excluded testimony from a defense witness that a State's witness to the murder had been on drugs at the time but the defense witness also testified that the State's witness was not at the scene and the State's witness herself testified on direct examination that she was addicted to heroin and cocaine at the time of the murder and used drugs on that day. State v. Wilson, 2954 (NCI4th). There was no error in a first-degree murder prosecution where the court allowed the prosecutor to ask a defense witness whether defendant had paid her to testify. State v. Wilson, JUDGES, JUSTICES, AND MAGISTRATES 36 (NCI4th). A superior court judge is censured for conduct prejudicial to the administration of justice based upon findings that the judge gave legal advice and counsel to an individual with regard to her discharge from employment with the Iredell County DSS, undertook in his official capacity to intervene on her behalf, and conveyed and permitted others to convey the impression that the discharged individual had special influence with him. In re Cornelius, LABOR AND EMPLOYMENT 75 (NCI4th). There was sufficient evidence to support an inference that plaintiff was fired because defendant employer anticipated her good-faith filing of a workers' compensation claim so that her claim for retaliatory discharge in violation of former G.S. 97-6.1 was properly submitted to the jury. Abels v. Renfro Corp., In an action for retaliatory discharge for filing a workers' compensation claim, evidence of the employer's treatment of similarly situated employees is admissible to show the employer's motive for discharging plaintiff employee. Ibid. Assuming that plaintiff may recover damages for emotional distress in an action for retaliatory discharge for filing a workers' compensation claim, the evidence was insufficient to show any mental or emotional disturbance on the part of plaintiff resulting from defendant's actions. Ibid. 1380 (NCI4th). Findings by the Industrial Commission that plaintiff's injuries were not compensable were not res judicata and were properly excluded in plaintiff's action for retaliatory discharge for filing a workers' compensation claim. Abels v. Renfro Corp., TAXATION 25.3 (NCI3d). A county's business personal property audit agreement with a private auditor which compensated the auditor at the rate of thirty-five percent of taxes owed on discovered property did not violate public policy, and the resulting discovery of taxable property was not void. In re Appeal of Philip Morris U.S.A., UNFAIR COMPETITION 1 (NCI3d). Plaintiff was not prohibited from recovering both punitive damages under its common law claim and untrebled compensatory damages and attorney fees in its unfair practice claim in a tortious interference with contract action arising from a non-competition employment agreement. United Laboratories, Inc. v. Kuykendall, The Court of Appeals did not err by remanding an award of attorney fees for additional findings where the trial court awarded "reasonable attorneys fees in the amount of $250,000" to plaintiff pursuant to G.S. 75-16.1 but made no further findings regarding the reasonableness of the award. Ibid.