Last month, Beth blogged about an opinion from the Court of Appeals dismissing an appeal for eight appellate rules violations. This month, the Court withdrew its opinion, issued a new
Continue Reading After Further Review, the Ruling on the Field Stands
Non-Jurisdictional Violations Lead to Dismissal of Appeal—with a Dissent
**Update: As Troy’s follow-up blog post notes, the Court of Appeals subsequently withdrew and replaced its February opinion with a new opinion issued on March 19, 2019. The
Continue Reading Non-Jurisdictional Violations Lead to Dismissal of Appeal—with a Dissent
When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (State Edition)
A few weeks ago, the North Carolina Court of Appeals in Connor v. Connor rejected an argument that a notice of appeal signed by a pro se litigant was defective
Continue Reading When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (State Edition)
When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (Federal Edition)
In light of Matt’s post from yesterday, does anyone perceive an uptick in dismissals of appeals for notice of appeal problems? Are North Carolina lawyers unique in their propensity
Continue Reading When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (Federal Edition)
File-Stamp Not Dispositive As To When Notice Of Appeal Was Filed
Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3. But is the file-stamp on that notice
Continue Reading File-Stamp Not Dispositive As To When Notice Of Appeal Was Filed
Court of Appeals Extends Grace To Reach Merits of Appeal–Twice in the Same Day
Our appellate blogosphere has been filled with an unusual number of posts involving dismissed appeals. However, the North Carolina Court of Appeals on Tuesday bestowed leniency on two appeals, utilizing
Continue Reading Court of Appeals Extends Grace To Reach Merits of Appeal–Twice in the Same Day
Supreme Court Reverses Court of Appeals Application of Appellate Rule 2
Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post
Continue Reading Supreme Court Reverses Court of Appeals Application of Appellate Rule 2
When Do Appellate Rules Violations Rise To The Level Of Jurisdictional Requirements?
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?
Breaking Appellate and Business Court News Day In The North Carolina Supreme Court
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
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No Transcript? Maybe No Appeal.
About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the
Continue Reading No Transcript? Maybe No Appeal.