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
Continue Reading Traps in North Carolina Business Court Appeals: Collected for You in One Place
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
Continue Reading Update: Court of Appeals Withdraws Opinion Requiring Business Court Designation Papers to be Included in Record
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
Continue Reading There’s a Court for That: Forum Selection in North Carolina Business Cases
In yet another case highlighting potential pitfalls when appealing a decision of the Business Court, the North Carolina Court of Appeals dismissed a plaintiff’s appeal Tuesday for failing to provide
Continue Reading Business Court Designation Papers Are Now a Mandatory Part of the Record on Appeal
The Governor and the General Assembly have been busy.
After being nominated for a business court slot over a year ago, Mike Robinson was finally confirmed by the General Assembly
Continue Reading The Future of the Business Court Just Became More Certain
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
Continue Reading Lunchtime CLE, July 7 in Cary, Will Feature Judges Diaz, Gale, and Ridgeway
Our state appellate system allows for appeals from final judgments, appeals from interlocutory orders that affect a substantial right, and appeals from orders that are final as to
Continue Reading Should Supreme Court Allow Immediate Appeal from Business Court Orders Turning on Debatable Controlling Issues of Law?
Last week, the North Carolina Court of Appeals dismissed, apparently sua sponte, an appeal from a Business Court decision because the appeal should have been filed in the Supreme
Continue Reading Court of Appeals Holds (Twice) That Appealing to the Wrong Appellate Court is a Fatal Jurisdictional Flaw
In October 2015, I blogged about In re Pike, a single Business Court order that resolved four consolidated actions. Because the actions were designated on different dates, the right
Continue Reading Supreme Court Uses PDR Bypass Petition to Calm the Storm
Eleven days before it is due, you FedEx your Notice of Appeal to the county courthouse, return-receipt requested. Seven days before it is due, you receive an e-mail confirmation that
Continue Reading A FedEx Nightmare