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Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals decision that dismissed an appeal for a notice of appeal defect.  Reason: The notice of appeal identified the intermediate order that the appellant was challenging on appeal, but not the trial court order that converted the case into a final judgment.… Continue Reading

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 North Carolina Rules of Appellate Procedure.” (See prior posts on Ramsey here and here.)  On Tuesday, in K2HN Construction, NC, LLC v. Five D Contractors, Inc., the Court dismissed another appeal that had a tortured relationship with the State’s appellate rules. … Continue Reading

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 opinion finding seven-ish appellate rules violations, and dismissed the appeal again.

The returning case is Ramsey v. Ramsey, a family law case involving a contempt order. Beth had noted that certain of the eight errors identified by Judge Zachary—including compliance with the deadline to file the record on appeal—may not have been rules violations.… Continue Reading

**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 only copy of the February opinion in my possession is not in the public domain. Therefore, you’ll just have to trust me regarding what the original opinion said.

Post-Dogwood, cases in which appeals are dismissed for non-jurisdictional rules violations are rare. … Continue Reading

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 Appellate Rules 2 and 21 to reach the merits of both appeals.  Curious as to what justified this cheerful news?  Keep reading.

Sarno v. Sarno involved a family law appeal facing a potential fatal obstacle based on  bizarre procedural facts: 1) a judgment that contained two different April 2016 file stamp dates, 2) no certificate of service for the judgment, 3) a record indicating that the judgment was not in the file on 12 May 2016, 4) a plaintiff who asserted that she had not received the judgment until 20 May 2016, and 5) notices of appeal not filed until well into June 2016.… Continue Reading

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 trial division will be reviewed “solely upon the record on appeal, the verbatim transcript of the proceedings, if one is designated, and any other items filed pursuant to this Rule 9.” … Continue Reading

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 to appeal an interlocutory order, you identify it in the notice of appeal, and you have complied with the rule, right?

Apparently not.  In the unpublished opinion of Majerske v. Majerske, the Court of Appeals held that an appellant seeking to challenge an interlocutory order after entry of a final judgment must also designate the final judgment in the notice of appeal to confer appellate jurisdiction.… Continue Reading

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 Rules of Appellate Procedure. My colleague, Kip Nelson, noted in his post on those opinions that “after Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations.”  … Continue Reading

After Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations. However, that reluctance does not give carte blanche to appellate practitioners, as the Court of Appeals reminded us today. In Williamson v. Williamson, the appellant relied on “bald assertions of error absent citation to any legal authority.” Furthermore, the appellant did not include transcripts from the trial court hearings, which prevented the court from “meaningful appellate review.”… Continue Reading

Approximately two months ago, I blogged on the Business Court’s dismissal of an appeal not filed with the Business Court by the 5:00 p.m. notice of appeal deadline.  On Tuesday, the Business Court dismissed another appeal—this time for failure to file the notice of appeal with the clerk of the Superior Court by the notice of appeal deadline.

In Ehrenhaus v.Continue Reading