As discussed previously, the Court of Appeals is searching for a new Clerk of Court due to the retirement of Dan Horne on June 30, 2021. Perhaps you forgot to send your resume in during the first round. Good news! The position has been reposted–but only for a short…Continue Reading Still Hiring: Clerk of the North Carolina Court of Appeals
Update Your Style: Appellate Rules Committee Publishes Updated Style Manual and Guide to Appealability
The Appellate Rules Committee has updated its style–the Appellate Style Manual that is. The Style…Continue Reading Update Your Style: Appellate Rules Committee Publishes Updated Style Manual and Guide to Appealability
In March, the concept of nominal damages (often just a single dollar awarded to a…Continue Reading Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?
Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of Appeals
In April 2017, the General Assembly moved primary (i.e., initial) appellate jurisdiction in termination…Continue Reading Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of Appeals
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You are invited to attend the Appellate Practice Section’s “Fireside Chat with the Chiefs” this Thursday, May 6th, at 1:00 p.m. Don’t pass up this great opportunity to hear from…Continue Reading ICYMI: Chat with the Chiefs on Thursday, May 6th
Back in January I blogged about how frequently, and in what types of cases, the Fourth Circuit was issuing published opinions after submission on briefs–a new phenomenon in the Circuit…Continue Reading Update on Fourth Circuit Published Opinions Without Argument
If there’s one thing we all remember from law school, it’s the old rule of common law that each dog gets one bite before the owner is on notice that…Continue Reading Courts and Canines: Another chapter in a long-running tale.
Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion
In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a…Continue Reading Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion
Sad news for North Carolina appellate aficionados. Dan Horne, the Clerk of the North Carolina Court of Appeals, is retiring as of June 30, 2021.
As he rides into the…Continue Reading The End of the Horne of Plenty; Dan Horne Is Retiring This Summer
Usually, appellate counsel can confidently say that a grant of partial summary judgment, standing alone, will not allow for an interlocutory appeal. A complete grant of summary judgment is a…Continue Reading Can partial summary judgment affect a substantial right?
Under Appellate Rule 10, the general rule is that appellate courts only decide issues properly raised, argued, and decided in the trial tribunal. But exceptions to this general rule exist…Continue Reading Supreme Court Upholds Constitutionality of Another Error Preservation Statute
As you no doubt have noticed, virtually every batch of opinions from our State appellate courts includes at least one “Rule 3.1” case involving allegations of abuse, neglect, or dependency. …Continue Reading Pro Bono Opportunity: The Guardian ad Litem Program