In its most recent batch of opinions, the North Carolina Court of Appeals reminded the bar once again what must be included in a trial court order awarding attorneys’
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At Long Last: Discussion of an Appeal from Small Claims Court
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While we here at NCAPB concern ourselves with all things appellate, rarely do we have occasion to blog about appeals from decisions made in Small Claims Court. Cue up the…
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Jones’s Punctuation Confession
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Confession: until today, I did not realize there was a divide. When making the possessive of a singular noun ending in s, I always added the extra s after…
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A Potential Pitfall of Incorporating by Reference
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When it comes to briefing, we know we should be accurate, clear, and concise (and persuasive, of course). For many of us, brevity is the real challenge—a challenge word limitations…
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Appealing an Award of Attorneys’ Fees and Costs before the Court Tallies the Charges
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Last summer in Duncan v. Duncan, the Supreme Court of North Carolina issued a bright-line rule explaining that a pending attorneys’ fees motion does not bar an appeal of…
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Interlocutory Appeals: Unique Considerations in Criminal Cases Involving the Suppression of Evidence and in Cases Involving Sovereign Immunity
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Readers of our blog may be interested in a few nuggets concerning interlocutory appeals that appeared in the slate of opinions that the North Carolina Court of Appeals published on…
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Bell v. Martin, 35 Years Later
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Although filing a notice of appeal generally divests the trial court of jurisdiction, an appellant may still move for a new trial while an appeal is pending. Doing so, however,…
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In Summary Judgment Matters, Letters between Counsel are No Substitute for Affidavits or Other Proper Record Evidence
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Any litigator can tell you that a North Carolina court examining a motion for summary judgment determines whether a genuine issue of material of fact exists by looking at any…
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Do Not Pass Go, Do Not Appeal $40 Million Judgment
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Do you regularly check the docket activity in your cases? If this routine is not already a part of your practice, it probably should be, especially when your client’s appeal…
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Get your Order Stamped and Filed before you Celebrate
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Remember Dallas Cowboys defensive tackle Leon Lett? He was a talented player and a Super Bowl champion. Nevertheless, many now remember him as a cautionary tale about celebrating too early,…
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