Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ authority to grant relief by writ of certiorari. See here, here, here, here, here, here, and here. The Supreme Court has also written frequently about whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ discretionary authority to grant relief by writ of certiorari.… Continue Reading
It is beginning to feel like a bi-annual holiday tradition between me and our blog readers: another rule-update summary. Yesterday afternoon, the Supreme Court issued its latest order amending the North Carolina Rules of Appellate Procedure. The amendments impact Appellate Rules 3, 3.1, 4, 9, 11, 12, 13, 18, 26, 28, 30, 37, 41, brand new Appellate Rule 42, as well as Appendixes A, B, and D (whew)!… Continue Reading
The Appellate Rules Committee has updated the Appellate Style Manual, which is intended to give practical examples and tips for those practicing in North Carolina’s appellate courts. Though not a substitute for the Rules themselves, it may be helpful to consult the style manual in light of the recent changes to the North Carolina Rules of Appellate Procedure.
Today, the Supreme Court issued its final batch of opinions and two sets of rules amendments for 2017. We will bring you more information in the days that come, but below are some of the highlights.
New Year, New Rules: North Carolina Rules of Appellate Procedure amended and recodified effective 1 January 2017.
The state appellate rules are clear: your notice of appeal must “designate the judgment or order from which appeal is taken.” N.C. R. App. P. 3(d). So, if you want to appeal an interlocutory order, you identify it in the notice of appeal, and you have complied with the rule, right?
Apparently not. In the unpublished opinion of Majerske v. Majerske, the Court of Appeals held that an appellant seeking to challenge an interlocutory order after entry of a final judgment must also designate the final judgment in the notice of appeal to confer appellate jurisdiction.… Continue Reading
If there is one filing you want to have perfect, it is the Notice of Appeal. Our courts can be forgiving in this post-Dogwood era for many mistakes, but an insufficient or late Notice of Appeal may deprive the appellate courts of jurisdiction–torpedoing your appeal before it even starts.
The “automatic stay” statute seems simple enough at first glance. “When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein; but the court below may proceed upon any other matter included in the action and not affected by the judgment appealed from.” … Continue Reading
One of the most useful resources for appellate lawyers just got even better.
The Appellate Style Manual, published by the state bar association’s Appellate Rules Committee, has for years been an indispensable source for tips and best practices before North Carolina’s appellate courts. The latest version includes updates to reflect changes in the appellate rules as well as sample motions, all in a more readable format than past editions.… Continue Reading
In the latest court appointment news, Governor McCroy has appointed Richard “Rich” Dietz to the North Carolina Court of Appeals seat being vacated by Judge Bob N. Hunter’s impending appointment to the North Carolina Supreme Court.
Soon to be Judge Dietz is no stranger to appeals. In addition to having an active appellate practice, Judge Dietz is vice-chair of the NCBA’s Appellate Practice Section, a long-time member of North Carolina’s Appellate Rules Committee, and will be one of only two board certified appellate practice specialists on the North Carolina Court of Appeals.… Continue Reading
The Supreme Court of North Carolina long ago observed that “the ‘substantial right’ test for appealability of interlocutory orders is more easily stated than applied.” Waters v. Qualified Pers., Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). As “[n]o hard and fast rules exist” for determining whether an interlocutory order affects a substantial right, North Carolina appellate courts have long analyzed whether an interlocutory order affects a substantial right “on a case by case basis.”… Continue Reading