As the Honorable Mark A. Davis recently reminded us in his CLE program entitled Do’s and Don’ts at the Court of Appeals: A View from the Bench: “Appellate judges
Continue Reading Trial Judge Denies Your For-Cause Challenge to a Potential Juror — Good Luck Challenging That
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Exclusivity Provision in Workers’ Compensation Act Key to Interlocutory Appeal in Case of First Impression
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While the Court of Appeals’ decision in Atl. Coast Conference v. Univ. of Maryland was the stuff of headlines locally and nationally, the Court issued eighteen other opinions yesterday. …
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Alternative Requests for Relief – Reasonable or Risky Business?
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Thinking about proposing an alternative request for relief, asking for a clean win but informing the court that you would settle for lesser relief “in the alternative”? What about saving…
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Nothing “Substantial” About an Amended Summons
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Trying to convince the Court of Appeals that a substantial right exists which warrants the immediate appeal of an interlocutory order is no easy feat, and the Court’s decision today…
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Despite “Substantial” Violations of the Rules of Appellate Procedure, Court of Appeals Entertains Appeal of Equitable Distribution Judgment
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Sometimes the North Carolina Court of Appeals encounters an appeal that gives it a case of the Mondays. Hill v. Hill is a case that, according to Judge Steelman,…
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“Last in Time” May Not Be the Rule for Conflicting Lines of Cases
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What do civil practitioners need to know about today’s opinion on probation revocation appeals? Simply this: When faced with potentially conflicting opinions from the North Carolina Court of Appeals, earlier…
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Attorneys’ Fees, New Arguments on Appeal, and Appellate Rules Violations – Oh My!
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In its latest round of opinions, the Court of Appeals applies principles regarding possible statutory bases to support the award of attorneys’ fees for appellate matters, the futility of raising…
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Pendent Appellate Jurisdiction, Not So Clear-Cut
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Will the North Carolina Court of Appeals hear every issue an appellant raises in an interlocutory appeal, or limit its review to core questions affecting a substantial right? Our Court…
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Special Appellate Considerations for Parties Who have Experienced a Mistrial and a Retrial
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Any number of circumstances can cause a Court to declare a mistrial: a hopelessly deadlocked jury, a reference to inadmissible evidence, the death of a juror or the trial judge,…
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Appeal Interlocutory Order to Preserve Rights? Yes, Sometimes.
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Practitioners familiar with the general rule that only final judgments can be appealed might be surprised that litigants must sometimes appeal an interlocutory order to preserve their rights. This dynamic…
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