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
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Appellate Rules Violations
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…
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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…
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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…
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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…
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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About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the…
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Appellate Rule 28 and Abandonment of an Argument
A case with a history of appellate rules issues, see here, can now add a few more to its tally. In State v. Coxton the Court of Appeals originally…
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Fourth Circuit Favors Functionality Over Formality
In Chief Judge Gregory’s first published opinion since assuming his new role, the Fourth Circuit indicated yesterday that functional compliance with jurisdictional rules trumps formal compliance. In Clark v. …
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Court of Appeals Plows New Ground on Notices of Appeal
The notice of appeal is arguably the most important document in the life of an appeal. After all, a proper notice of appeal “is a procedural appellate rule, required in…
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