The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory
Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
Last year, I blogged about State v. Ellis where a passing motorist gave a Highway Patrol trooper the middle-finger salute and was arrested for his trouble. A divided Court of
Continue Reading Appellate Rulings Not Argued By Any Party; or Too Many Fingers in the Pie
Back in March, the Court of Appeals in Ramsey v. Ramsey dismissed a party’s appeal for cumulative non-jurisdictional violations that the Court described as “gross and substantial noncompliance with the
Continue Reading Is Dogwood’s Bark Losing Its Bite?
On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions. Justice Per Curiam (who is fond of affirming/reversing “for the reasons
Continue Reading Taking Care of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form of) Appellate Review
Back in July, the Court of Appeals issued a published opinion in In re L.V. dismissing an appeal from an order terminating parental rights after the parent’s attorney filed
Continue Reading The Plot Thickens: Differing Opinions on No-Merit Briefs
At first blush, it might not seem surprising that the Court of Appeals would dismiss an appeal if “[n]o issues have been argued or preserved for review.” But what is
Continue Reading What Type of Review Is Triggered by a “No-Merit” Brief?
There is perhaps no truer aphorism of appellate jurisdiction than this: The substantial right doctrine is more easily stated than applied. In light of the Court of Appeals’ opinion last
Continue Reading You Can Say That Again: The Substantial Right Doctrine Is More Easily Stated Than Applied
Proofreading is tedious. And no matter how many times you proofread a brief, you inevitably spot a hidden “misstate” about two seconds after you file it. If you have read
Continue Reading Consistency Is The Solution To A Gray Area (Or Is It Grey?)
On July 10, 2017, Chief Judge Wood of the Seventh Circuit Court of Appeals issued a curious opinion that should serve as a reminder not only to practitioners in that
Continue Reading A Friendly Reminder About Local Rules
The Supreme Court stated in Dogwood v. White Oak, 362 N.C. 191, 657 S.E.2d 361 (2008), that noncompliance with nonjurisdictional rules normally should not lead to the dismissal of an
Continue Reading When Do Appellate Rules Violations Rise To The Level Of Jurisdictional Requirements?