Jurisdiction

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

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?

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

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

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)

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