There’s a noteworthy paragraph at the end of an unpublished opinion issued by the Court of Appeals today, Jacokes v. APM Builders, Inc., in which the Court wrote the following:

Because we hold that the trial court did not abuse its
discretion in granting APM’s motion for set off, we need not
discuss Jacokes’ remaining arguments. However, it is important
that we briefly include a note on the lack of professionalism in
both parties’ briefs. Specifically, while counsel for APM
claims that Jacokes was “disrespectful” in presenting an
argument regarding the trial court’s conduct during the hearing,
counsel’s emotional response to both of Jacokes’ remaining
claims is an instance of the pot calling the kettle black.

This is a good reminder to all practicioners that, as a colleague here at Smith Moore Leatherwood stated after reading the opinion, “vitriol will get you nowhere.”

Thanks to Steve Russell, friend of the NCAPB, for alerting us to this opinion.

-Patrick Kane