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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Practice Tips for Preserving Privilege Issues for Appeal
Protecting the attorney-client and work-product privileges can be painstaking at the trial court level. To preserve the right to seek appellate review of any adverse privilege determinations, however, the lawyer’s
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A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute
A Petition for Writ of Certiorari continues to be the most powerful tool in the Supreme Court’s arsenal. Last Friday, the North Carolina Supreme Court used its certiorari authority
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Court of Appeals Plows New Ground on Notices of Appeal
The notice of appeal is arguably the most important document in the life of an appeal. After all, a proper notice of appeal “is a procedural appellate rule, required in
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You Can’t Have One Without The Other: Court of Appeals Dismisses Notice of Appeal That Designates Interlocutory Order But Not Final Judgment
The state appellate rules are clear: your notice of appeal must “designate the judgment or order from which appeal is taken.” N.C. R. App. P. 3(d). So, if you want
Continue Reading You Can’t Have One Without The Other: Court of Appeals Dismisses Notice of Appeal That Designates Interlocutory Order But Not Final Judgment
Dram Shops, Fish, Dogs, and Opossums: Appellate Jurisdiction Edition
When reading through recent batches of opinions from the North Carolina Court of Appeals, you may notice a new feature: a statement regarding the Court’s jurisdiction. While such a statement
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What’s in a Name? Perhaps the Right to an Immediate Appeal
Almost two years ago, my colleague Matt Leerberg wrote about the Court of Appeals’ decision in Can Am South, LLC v. North Carolina and the potential implications of that decision:
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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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Court Bolsters Strength of Medical Review Privilege
In an opinion released Tuesday, the Court of Appeals reinforced the difficulty plaintiffs face when asserting claims against hospitals or other medical providers alleging that the provider was negligent in
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Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing
Holidays, snowstorms, vacations, workloads—mixed in with the winter blahs—have resulted in us getting a little behind on our blogging duties. The appellate courts, however, have not suffered from the same
Continue Reading Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing