Generally speaking, an appeal stops all proceedings at the trial court level until the appeal concludes. However, as we have previously blogged (here, here, here, and
Continue Reading The Court of Appeals Again Recognizes the Trial Court’s Jurisdiction to Decide the Appealability of Interlocutory Orders When Deciding Whether the § 1-294 Stay Applies
On March 16, 2017, the Supreme Court of North Carolina issued an order amending Rule 7 of the North Carolina Rules of Appellate Procedure. The order makes slight changes to
Continue Reading Amendments to Rule 7 Make Small Changes to the Requirements for Transcript Formatting and Certification of Delivery
Protecting the attorney-client and work-product privileges can be painstaking at the trial court level. To preserve the right to seek appellate review of any adverse privilege determinations, however, the lawyer’s
Continue Reading Practice Tips for Preserving Privilege Issues for Appeal
Last week, the North Carolina Court of Appeals dismissed, apparently sua sponte, an appeal from a Business Court decision because the appeal should have been filed in the Supreme
Continue Reading Court of Appeals Holds (Twice) That Appealing to the Wrong Appellate Court is a Fatal Jurisdictional Flaw
Arbitration has long been touted as a magic bullet that reduces the cost and time required to resolve business disputes and that alleviates the inherent unpredictability of litigation. (Whether arbitration
Continue Reading Court of Appeals Reminds Parties to Act Fast If They Plan to Compel Arbitration
Judge Dietz shared an interesting brief-writing tip last night with The Chief Justice Joseph Branch Inn of Court. Go with a Century font over Times New Roman, and for any
Continue Reading Attention All You “Times New Roman” Fans
Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For
Continue Reading Ehrenhaus Is Here To Stay
Earlier this month, the Supreme Court of North Carolina held again that the judicial branch should not issue advisory opinions regarding disputes that have already been addressed through the political
Continue Reading Supreme Court of North Carolina Vacates Order Accelerating Duke Energy’s Coal Ash Clean Up After the General Assembly Weighs In
Last week the North Carolina Court of Appeals dismissed an appeal based on what it described as “substantial noncompliance” with the appellate rules. The dismissal in Smith v. North Carolina
Continue Reading Dismissal After Diligent (but Failed) Attempt to Get Transcript
How is that possible? The scenario is actually quite simple:
Timely Filed Notice of Appeal + Timely Date on Certificate of Service + Untimely Postmark Date
Continue Reading Timely Filed Notice of Appeal Dismissed as Untimely