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
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 AlwaysBy: 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?
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 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
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
In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a
Continue Reading Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion
Usually, appellate counsel can confidently say that a grant of partial summary judgment, standing alone, will not allow for an interlocutory appeal. A complete grant of summary judgment is a
Continue Reading Can partial summary judgment affect a substantial right?
The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is
Continue Reading Has the Court of Appeals Unfriended Its Amicus?