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
Continue Reading “They’re baaaaack!”– Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty
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
Continue Reading Is Dogwood’s Bark Losing Its Bite?
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
Continue Reading Taking Care of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based on Purported Signatory Defect in Notice of Appeal
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
Supreme Court Launches Rules Notification Service
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
The Mandate Rule and another Thinly-Sliced Qualified Immunity Opinion from the Fourth Circuit
A while back I wrote about the collateral order doctrine as discussed by the Fourth Circuit in Williams v. Strickland. (See prior blog post here). Williams involved an
Continue Reading The Mandate Rule and another Thinly-Sliced Qualified Immunity Opinion from the Fourth Circuit
Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)
A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975.
Continue Reading Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)
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