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
As previously reported here, the Supreme Court of North Carolina at the end of March issued an order extending all appellate court deadlines falling between March 27 and April 30,
Continue Reading FAQs To Supreme Court’s Covid-19 Deadline Extension Order
Last 
week, the Court of Appeals returned to a general question that this blog has addressed before: When is a Notice of Appeal Filing Deadline or Requirement Jurisdictional? In this
Continue Reading Can the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?
This week
, the Court of Appeals reiterated the bounds of Rule 54(b) certification, highlighting that the language of the rule—which allows a party to immediately appeal from “a final
Continue Reading When Losing Isn’t Really Losing: Court of Appeals Rejects 54(b) Certification
In an earlier post, Beth detailed best practices for when a Rule 59 motion will successfully toll the 30-day appeal period under Appellate Rule 3. See here. To recap,
Continue Reading What Makes a “Proper” Rule 59 Motion? The Uncertainty Over When a Rule 59 Motion Will Toll the 30-Day Appeal Clock Continues. . .
Update: In February 2021, the Supreme Court granted the defendant’s petition for discretion review.
Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions
Continue Reading “They’re baaaaack!”– Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty
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?
As noted yesterday, the Supreme Court has been busy. Need further proof? How about the fact that the Supreme Court considered 279 “other matters” on Friday— a category
Continue Reading Taking Care of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based on Purported Signatory Defect in Notice of Appeal
NOTICE: Take the following post with a grain of salt. The Court of Appeals issued an updated opinion in the Ellis case on 20 August 2019. Although the opinion is
Continue Reading Right for the Wrong Reasons, Redux
Wouldn’t it be great if an automatic notification was sent out whenever court rules were updated? Wait . . . I hear you! “What self-respecting lawyer doesn’t subscribe to the
Continue Reading Supreme Court Launches Rules Notification Service