A while back, Justice Edmunds wrote a post that did a deep dive into what it means for the state’s jurisprudence when a case is “affirmed without precedential value.” Matt followed that up with discussion of a Business Court opinion in which Judge Gale concluded that a Court of Appeals opinion that is “affirmed without precedential value” is not binding authority in subsequent cases, but rather has only persuasive value. … Continue Reading
With the reworking of N.C.G.S. § 7A-27 to provide a direct appeal to the Supreme Court of North Carolina from certain orders of the North Carolina Business Court, it was expected that our State’s highest court would start churning out business law opinions. The batch of opinions from the Supreme Court released on December 7th contained three opinions originating from the Business Court, but only two of these came directly from the Business Court; perhaps the most high profile of the bunch (Corwin v.… Continue Reading
Except for appeals in really old cases, appeals from a final judgment entered by a Business Court judge are properly taken to the Supreme Court of North Carolina, not the Court of Appeals.
So what happens when a party files a notice of appeal in a Business Court case that mistakenly names the Court of Appeals as the court to which appeal is taken?… Continue Reading
Those familiar with North Carolina appellate jurisprudence are well aware that what constitutes “a substantial right” for the purposes of conferring jurisdiction over an interlocutory order is an issue that is routinely addressed, oftentimes at length, in North Carolina appellate opinions. So it was interesting to see the Supreme Court of North Carolina’s opinion in Krawiec v. Manly (released last Friday) in which the Court invoked substantial right jurisdiction over an interlocutory order from the North Carolina Business Court (under N.C.G.S.… Continue Reading
Last fall, Justice Edmunds analyzed the subtle policy questions presented when a Court of Appeals decision is affirmed “without precedential value” by a divided Supreme Court. A robust discussion followed in the “comments” section.
Last Friday, Chief Judge Gale of the North Carolina Business Court weighed in on the debate in Zloop v. Parker Poe. He concluded that the business court is not bound by Court of Appeals decisions that are later affirmed by the Supreme Court without four votes (often, by a 3-3 tie with one recusal). … Continue Reading
**Update: Defendant CHS has filed a petition for writ of certiorari, here.**
Last year, something unusual happened in a business court case. In the course of denying summary judgment to a defendant, Judge Gale recognized that the legal question presented was “significant and controlling” and “require[d] an interpretation of two opinions from the North Carolina Supreme Court.” Judge Gale “urge[d] the supreme court to docket the appeal” from his order in Kornegay Family Farms, LLC v.… Continue Reading
Last week I wrote about the Court of Appeals’ holding in SED Holdings, LLC v. 3 Star Properties, LLC regarding the jurisdiction of the trial court while an interlocutory appeal is pending. See here. A few weeks prior, before the SED II opinion was released, Mack Sperling provided some excellent insight on his blog as to what was happening in the trial court in SED and how the court’s jurisdiction was impacted by the Petition for Discretionary Review that defendants had filed (and that was subsequently allowed) regarding the Court of Appeals’ decision in SED I. … Continue Reading
Our goal in creating this blog was to be a “one-stop shop” for news, information, tips, and resources involving North Carolina appellate practice and procedure. Over a five-year period, NCAPB.com’s content has grown significantly. One area of law that has contributed to that expansion has been North Carolina Business Court appeals. In particular, the NCAPB team has blogged extensively over the past two years on at least seven different appellate traps that have emerged in Business Court cases. … Continue Reading
On July 5, 2016, the Court of Appeals dismissed an appeal for failure to include the business court designation papers. In Grasinger v. Williams, the court reasoned that, without information about designation appearing in the record, it could not be 100% sure whether the case was designated for the business court before October 1, 2014. That date matters, because cases designated after October 1, 2014 must be appealed directly to the Supreme Court, not the Court of Appeals.… Continue Reading
Many thanks to Judges Diaz, Gale, and Ridgeway and to all who attended for making last week’s Federal Bar Association CLE a great success. I’m posting the written materials here for future reference. More details on the CLE from my original post can be found below.
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In North Carolina, parties with business disputes may have the choice among as many as four “forums” in which to bring their case: state superior court; superior court with a Rule 2.1… Continue Reading