Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
Continue Reading Appellate Courts and Messy Kitchens
“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general
Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
Just in Time for Halloween: Has the Specter of Viar Returned?
Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad
Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?
Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal
When prospective Appellants face a deadline for filing a Notice of Appeal, it is imperative that they know how many days, and which days, to count.
Continue Reading Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal
Better Late Than Never? Not Always
Much ink has been spilled exploring the porous jurisdictional border between the trial division and the appellate division. A recent opinion from the Court of Appeals addresses this issue again.
Continue Reading Better Late Than Never? Not AlwaysYour Place or Mine?
By: Brian Bernhardt
Jurisdiction is a foundation of what we do as trial and appellate practitioners. While a litigant can waive lack of personal jurisdiction, lack of subject matter jurisdiction
Continue Reading Your Place or Mine?
Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
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 It
School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals
Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)Home Cooking? It Depends on Where “Home” Is
In a series of four opinions issued on July 19, 2022[1], the North Carolina Court of Appeals addressed personal jurisdiction and what constitutes a fundamental public policy of
Continue Reading Home Cooking? It Depends on Where “Home” Is
Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of Appeals
In April 2017, the General Assembly moved primary (i.e., initial) appellate jurisdiction in termination of parental rights appeals from the Court of Appeals to the Supreme Court. That change
Continue Reading Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of Appeals