The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory
Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on ItThis week’s batch of opinions from the Court of Appeals had several appellate issues worth a mention.
First, the en banc saga comes to a close. As you’ll recall, the
Continue Reading Appellate Grab bag: En banc, appellate sanctions, and certiorari
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
Continue Reading Interlocutory Review of Fee Awards: How Much Is Too Much?
In North Carolina appellate practice, it is often generally said that an interlocutory order affecting a substantial right is immediately appealable. But as the Court of Appeals reiterated in an
Continue Reading An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable
The Appellate Rules Committee has updated its style–the Appellate Style Manual that is. The Style Manual provides practical examples and tips for those practicing in North Carolina’s state appellate courts.
Continue Reading Update Your Style: Appellate Rules Committee Publishes Updated Style Manual and Guide to Appealability
Can a party “manufacture” appellate jurisdiction for an otherwise interlocutory appeal through the voluntary dismissal of remaining claims? That question was generally answered in the negative by the Supreme Court
Continue Reading Fourth Circuit Allows Creation of Appellate Jurisdiction Through Voluntary Dismissal
This week
, the Court of Appeals reiterated the bounds of Rule 54(b) certification, highlighting that the language of the rule—which allows a party to immediately appeal from “a final
Continue Reading When Losing Isn’t Really Losing: Court of Appeals Rejects 54(b) Certification
Unlike in federal court, judges in North Carolina’s state courts often invite counsel for the prevailing party to draft a proposed order on the court’s ruling. Sometimes the judge will
Continue Reading Appellate Review of Trial Court Reasoning
The federal corollary to the oft-blogged about “substantial right doctrine” in the North Carolina appellate courts is the “collateral order doctrine.” As is the case under North Carolina law, the
Continue Reading Fourth Circuit Explains the Scope of “Collateral Order Doctrine”
There is perhaps no truer aphorism of appellate jurisdiction than this: The substantial right doctrine is more easily stated than applied. In light of the Court of Appeals’ opinion last
Continue Reading You Can Say That Again: The Substantial Right Doctrine Is More Easily Stated Than Applied