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)
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.
Continue Reading Proper Etiquette Is To Be On Time–Not Early
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
Continue Reading Practice Tips for Preserving Privilege Issues for Appeal
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
Continue Reading A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute
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
Continue Reading Court of Appeals Plows New Ground on Notices of Appeal
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
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
Continue Reading Dram Shops, Fish, Dogs, and Opossums: Appellate Jurisdiction Edition
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:
Continue Reading What’s in a Name? Perhaps the Right to an Immediate Appeal
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
Continue Reading Have the Floodgates Opened for Family Law Appeals?
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
Continue Reading Court Bolsters Strength of Medical Review Privilege