If you were entitled to attorneys’ fees for trial-level work in a Chapter 75 case, you are entitled to attorneys’ fees for appellate-level work as well. The Court of Appeals
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Attorneys' Fees
How to Win (and Keep) an Attorneys’ Fees Award
By Fox Rothschild LLP on
In its most recent batch of opinions, the North Carolina Court of Appeals reminded the bar once again what must be included in a trial court order awarding attorneys’…
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Somewhat Surprising Sanctions
By Kip D. Nelson on
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…
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Merry Christmas To Appellate Practitioners from the Fourth Circuit Court of Appeals
By Beth Scherer on
The Fourth Circuit Court of Appeals issued two opinions last week clarifying issues relating to notices of appeal.
In Jackson v. Lightsey, the Fourth Circuit addressed 1) whether a notice…
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Be Careful What You [Object] For
By Kip D. Nelson on
The concept of waiver is fairly straightforward and can generally be summed up by the adage “use it or lose it.” But when it comes to appellate practice, the concept…
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Appealing an Award of Attorneys’ Fees and Costs before the Court Tallies the Charges
By Fox Rothschild LLP on
Last summer in Duncan v. Duncan, the Supreme Court of North Carolina issued a bright-line rule explaining that a pending attorneys’ fees motion does not bar an appeal of…
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How to Improve Your Chances of Winning an Appeal
By Kip D. Nelson on
1) Appeal from an order that can be appealed. The Court of Appeals reminded us today that interlocutory attorney fee awards are not immediately appealable. Cebula v. Givens Estates, Inc. …
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Getting Paid for Your Work: Attorney’s Fees on Appeal
By Kip D. Nelson on
How exactly can a client recover for attorney’s fees expended on appeal? The Court of Appeals provided some clarity on this question today, at least in the family law context.…
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Attorneys’ Fees, New Arguments on Appeal, and Appellate Rules Violations – Oh My!
By Fox Rothschild LLP on
In its latest round of opinions, the Court of Appeals applies principles regarding possible statutory bases to support the award of attorneys’ fees for appellate matters, the futility of raising…
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Attorneys’ Fees are Ancillary, and That’s Final
By Matthew Nis Leerberg on
Does a pending motion for attorneys’ fees make the otherwise final substantive order interlocutory, or can it be immediately appealed?
I wrote a few months ago about the Court of…
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