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
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
In the first three weeks of 2021, I have heard nothing but positive feedback about the Supreme Court’s transcript-related rules updates–previously blogged about here.
In more good news, the
Continue Reading 2021 Codification of the Appellate Rules
At the stroke of midnight, North Carolina’s judiciary entered a new era, with many appellate justices and judges taking the oath office from their homes. This age-old changing of the
Continue Reading Investiture Ceremony of the Supreme Court of North Carolina
Desperately searching for COVID-safe CLE hours? The North Carolina Court of Appeals is offering appellate continuing legal education courses until the end of February 2021. According to the Court’s press
Continue Reading North Carolina Court of Appeals Offers Free Appellate CLE Courses
Precisely 364 days ago, Kip previewed the coming of universal citations. Twenty-eight days remain until universal citations assume a starring role in judicial opinions and briefs. And to help practitioners
Continue Reading Universal Citations: Coming Soon to a Brief Near You
Those who have known me for any length of time know that for more than a decade I have really, really wanted the Supreme Court to give appellate practitioners clarification
Continue Reading Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related Rules
Requesting that trial judges modify their judgments or orders is not for the faint of heart. Informing a trial judge that he or she has likely goofed is not fun,
Continue Reading Resisting the Urge to Give the Trial Court One Last Chance—Déjà Vu
COVID-19 interrupted the plans of many North Carolina law students. In-person classes (Cancelled). Students (Sent home). Summer internships (Postponed, shortened, or cancelled).
In the midst of these upheavals, the Court
Continue Reading Enjoy with a Glass of Lemonade: Court of Appeals Summer Appellate Seminar
A recording of North Carolina’s first virtual oral argument is now available for viewing. Because the video stream began before the actual arguments commenced, insight is available into how the
Continue Reading North Carolina’s First Virtual Oral Argument