Beth Scherer

In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered.  But in North Carolina, a major statutory exception to the general

Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine

The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org

The filing site has long allowed attorneys

Continue Reading Christmas in September: New Features Added to North Carolina’s Appellate Filing Website

It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important.  But that’s exactly what the

Continue Reading We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count Limit

When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days.  But leave the front

Continue Reading Southern Hospitality:  Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”

Morgan’s prior blog post on State v. McLean started the wheels turning on a topic I find fascinating:  oral notices of appeal.

Civil lawyers love written notices of appeal.  Have

Continue Reading The Lights Are Still On:  Oral Notices of Appeals in Criminal Cases

Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad

Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?