A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed
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Upcoming CLE with Law School Deans
There is no shortage of CLE offerings, but we wanted to bring one to your attention: a virtual presentation on September 24, 2024. The program offers 8 credit hours
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What’s in a Name? Court of Appeals Strikes an “Appellee” Brief
Can an appellee say that the lower court got it wrong? If so, when?
In many appeals, the alignment of interests is clear: the appellant is the party who disagrees
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Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-Ordinary
Petitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those
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What Rulings Should You Include in a Notice of Appeal?
For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or
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Opinions and Orders and Options: A New Normal?
When you hear about an appellate decision, what comes to mind? Typically, I think of a formal “opinion”—at least when the appeal has been briefed on the merits. And historically
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You’re Invited: Three Upcoming Events
Hopefully all of our readers have seen the announcements and registered already, but if not: there are three appellate-related events before the end of the month.
First, there is an
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Can You Pass Go with a Fee Award?
Back in November, I wrote about the possibility of a fee award being immediately appealable if the amount in question is significant enough. In the latest batch of opinions from
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A Loch Ness Sighting: A Writ Decision with a Dissent
There was a time when I thought of a writ of prohibition as a mythical creature that only exists in fairy tales. As it turns out, the writ does exist.
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Interlocutory Review of Fee Awards: How Much Is Too Much?
Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a
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