Matt blogged last week on Doe v. City of Charlotte, in which we were given multiple lessons in both how to and how not to handle an appeal. Authoring
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Appellate Rulings Not Argued By Any Party; or Too Many Fingers in the Pie
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
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FAQs To Supreme Court’s Covid-19 Deadline Extension Order
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,
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Can the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?
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
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When Losing Isn’t Really Losing: Court of Appeals Rejects 54(b) Certification
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
What Makes a “Proper” Rule 59 Motion? The Uncertainty Over When a Rule 59 Motion Will Toll the 30-Day Appeal Clock Continues. . .
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. . .
“They’re baaaaack!”– Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty
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
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Is Dogwood’s Bark Losing Its Bite?
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
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Taking Care of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based on Purported Signatory Defect in Notice of Appeal
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
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Right for the Wrong Reasons, Redux
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