Michelle Connell is one of the few lawyers in North Carolina who is Board-certified in both family law and appellate practice. And as of last week, she’s now part
Continue Reading Welcome, Michelle Connell, Family-Law & Appellate Specialist!
Court of Appeals Continues to Clarify, This Time With Respect to Burden of Proving Timely Appeal
The North Carolina Court of Appeals has started off 2018 with a trend of clarification. As we noted last week, in this year’s first batch of opinions the Court clarified
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Which Orders Can Be Included In A Cross-Appeal?
One sentence of Rule 3(c) of the North Carolina Rules of Appellate Procedure provides: “If timely notice of appeal is filed and served by a party, any other party may
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Proper Etiquette Is To Be On Time–Not Early
You should always file your notice of appeal as soon as possible, right? Wrong. This is one instance in which being early can actually be detrimental to your client’s rights.
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Have the Floodgates Opened for Family Law Appeals?
In 2013, a new statute took effect allowing for immediate appeal from certain interlocutory orders entered in family law cases. N.C. Gen. Stat. § 50-19.1. In that context, it
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Newly Published “Guide to Appealability of Interlocutory Orders” Creates Starting Point for Interlocutory Appeal Research
The Supreme Court of North Carolina long ago observed that “the ‘substantial right’ test for appealability of interlocutory orders is more easily stated than applied.” Waters v. Qualified Pers., Inc.
Despite “Substantial” Violations of the Rules of Appellate Procedure, Court of Appeals Entertains Appeal of Equitable Distribution Judgment
Sometimes the North Carolina Court of Appeals encounters an appeal that gives it a case of the Mondays. Hill v. Hill is a case that, according to Judge Steelman,
Continue Reading Despite “Substantial” Violations of the Rules of Appellate Procedure, Court of Appeals Entertains Appeal of Equitable Distribution Judgment
What’s in a date stamp? How little rules can cause big problems
Whether you rarely practice in the North Carolina appellate courts or have a copy of the Appellate Rules tabbed, highlighted, and scribbled-upon, you have likely heard that there are many
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Trick or Treat: Court of Appeals Serves Up A Grab Bag of Appellate Rules Goodies
Family law appellate practitioners have one of the most difficult jobs in the bar. They have to master the complicated family law statutes and the quirks of District Court practice,
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