It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the
Continue Reading We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count Limit
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
Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?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
Continue Reading Appellate Grab bag: En banc, appellate sanctions, and certiorari
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,
Continue Reading Notices of Appeal: Wouldn’t It Be Nice?
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?
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
Continue Reading After Further Review, the Ruling on the Field Stands
**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
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
Continue Reading Court of Appeals Extends Grace To Reach Merits of Appeal–Twice in the Same Day
About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the
Continue Reading No Transcript? Maybe No Appeal.
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
Continue Reading You Can’t Have One Without The Other: Court of Appeals Dismisses Notice of Appeal That Designates Interlocutory Order But Not Final Judgment