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
Continue Reading Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-OrdinaryKip D. Nelson
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…
Continue Reading What Rulings Should You Include in a Notice of Appeal?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…
Continue Reading Opinions and Orders and Options: A New Normal?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…
Continue Reading Interlocutory Review of Fee Awards: How Much Is Too Much?
Two Upcoming Events
First, the North Carolina Supreme Court Historical Society’s anniversary event is being held tomorrow, October 21st, at the Blanchard Law Firm in Raleigh. Whether you are attending that event…
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ICYMI: Chat with the Chiefs on Thursday, May 6th
You are invited to attend the Appellate Practice Section’s “Fireside Chat with the Chiefs” this Thursday, May 6th, at 1:00 p.m. Don’t pass up this great opportunity to hear from…
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Pro Bono Opportunity: The Guardian ad Litem Program
As you no doubt have noticed, virtually every batch of opinions from our State appellate courts includes at least one “Rule 3.1” case involving allegations of abuse, neglect, or dependency. …
Continue Reading Pro Bono Opportunity: The Guardian ad Litem Program