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
Continue Reading What Does the Supreme Court of North Carolina Consider To Be a “Substantial Right”?
On Tuesday, the North Carolina Court of Appeals issued its latest batch of opinions. An opinion that caught my eye represents a trend in the Court of Appeals of collapsing
Continue Reading Interlocutory Appellate Jurisdiction: Should The Courts Analyze The Merits First?
It’s a fairly common maneuver by plaintiffs’ attorneys: the trial court dismisses claims against some, but not all, defendants in a multi-defendant lawsuit, so the plaintiff voluntarily dismisses the remaining
Continue Reading How a Final Judgment Loses Its Finality
The Supreme Court stated in Dogwood v. White Oak, 362 N.C. 191, 657 S.E.2d 361 (2008), that noncompliance with nonjurisdictional rules normally should not lead to the dismissal of an
Continue Reading When Do Appellate Rules Violations Rise To The Level Of Jurisdictional Requirements?
Generally speaking, an appeal stops all proceedings at the trial court level until the appeal concludes. However, as we have previously blogged (here, here, here, and
Continue Reading The Court of Appeals Again Recognizes the Trial Court’s Jurisdiction to Decide the Appealability of Interlocutory Orders When Deciding Whether the § 1-294 Stay Applies
Tuesday’s batch of opinions from the Court of Appeals contained a smorgasbord of jurisdictional issues pertaining to interlocutory appeals. In no particular order:
Department of Transportation v. Riddle
This condemnation
Continue Reading A Jurisdictional Jamboree (including an RPR sighting!)
In its final set of opinions from 2016, the North Carolina Court of Appeals provided some helpful reminders for appellate practitioners.
1. Unless some other exception applies, you may appeal
Continue Reading A Lesson in Helping Verbs: When You May, Might, or Must Appeal
The Fourth Circuit issued an interesting, unpublished opinion on Tuesday in Kelly v. Conner in which it sua sponte dismissed a party’s appeal for want of jurisdiction and remanded to
Continue Reading Does “Dismissed and Remanded” Effectively Mean “Reversed”?
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
Continue Reading More On Jurisdiction and SED
There are few concepts that are as important to our nation’s jurisprudence as that of jurisdiction. As stated by the Supreme Court of the United States, “Jurisdiction is the power
Continue Reading No Jurisdiction Means No Jurisdiction (Except When It Doesn’t)