Back in November, I wrote about the possibility of a fee award being immediately appealable if the amount in question is significant enough. In the latest batch of opinions from
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Attorneys' Fees
Interlocutory Review of Fee Awards: How Much Is Too Much?
Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a…
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Attorneys’ Fees Available on Appeal in Chapter 75 (Unfair and Deceptive Practices) Cases
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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How to Win (and Keep) an Attorneys’ Fees Award
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
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
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
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
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
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
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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