Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad
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Appellate Grab bag: En banc, appellate sanctions, and certiorari
This week’s batch of opinions from the Court of Appeals had several appellate issues worth a mention.
First, the en banc saga comes to a close. As you’ll recall, the…
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Notices of Appeal: Wouldn’t It Be Nice?
I. You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order
Approximately three years ago, I blogged on Majerske v. Majerske,…
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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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After Further Review, the Ruling on the Field Stands
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…
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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 …
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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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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About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the…
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You Can’t Have One Without The Other: Court of Appeals Dismisses Notice of Appeal That Designates Interlocutory Order But Not Final Judgment
The state appellate rules are clear: your notice of appeal must “designate the judgment or order from which appeal is taken.” N.C. R. App. P. 3(d). So, if you want…
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Somewhat Less Surprising Sanctions
In the decisions released by the Court of Appeals two weeks ago, there were a number that included the Court sanctioning parties for failing to adhere to the North Carolina…
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