As noted yesterday, the Supreme Court has been busy. Need further proof? How about the fact that the Supreme Court considered 279 “other matters” on Friday— a category
Continue Reading Taking Care of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based on Purported Signatory Defect in Notice of Appeal
A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975.
Continue Reading Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)
The federal corollary to the oft-blogged about “substantial right doctrine” in the North Carolina appellate courts is the “collateral order doctrine.” As is the case under North Carolina law, the
Continue Reading Fourth Circuit Explains the Scope of “Collateral Order Doctrine”
In an opinion highlighting an interesting federal appellate jurisdictional issue, the Fourth Circuit on Monday vacated a “gag order” that had been entered by the district court. That gag
Continue Reading Fourth Circuit Holds that Trial Court Cannot Prevent Appellate Review of Decision by Vacating that Decision After Appellate Proceedings Have Commenced
Hurricane Florence has brought flooding and other forms of misery to much of North Carolina, especially in the coastal and southeastern counties.
On Thursday, 13 September 2018, Chief Justice Martin
Continue Reading Deadlines and Florence: A Helping Hand From The Chief Justice
Unlike some sites, this blog does not focus heavily on decisions from the U.S. Supreme Court. But last Friday’s decision in Ortiz v. United States on the breadth of
Continue Reading Marbury v. Madison–in 2018?
There is perhaps no truer aphorism of appellate jurisdiction than this: The substantial right doctrine is more easily stated than applied. In light of the Court of Appeals’ opinion last
Continue Reading You Can Say That Again: The Substantial Right Doctrine Is More Easily Stated Than Applied
In light of Matt’s post from yesterday, does anyone perceive an uptick in dismissals of appeals for notice of appeal problems? Are North Carolina lawyers unique in their propensity
Continue Reading When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (Federal Edition)
Under Civil Procedure Rule 54(b), a trial court “may enter a final judgment as to [fewer] than all the claims [ ] only if there is no just reason for
Continue Reading Failure To Include “Magic Words” In Rule 54(b) Certified Order Not Necessarily Fatal
Those familiar with North Carolina appellate jurisprudence are well aware that what constitutes “a substantial right” for the purposes of conferring jurisdiction over an interlocutory order is an issue that
Continue Reading What Does the Supreme Court of North Carolina Consider To Be a “Substantial Right”?