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)
“It is axiomatic that if, during the course of litigation, an action becomes moot, it should usually be dismissed.” In re Peoples, 296 N.C. 109, 148, 250 S.E.2d 890, 912
Continue Reading When A Case is Moot, Must the Court Remain Mute?
In June, we blogged on how a United States Supreme Court decision interpreting a North Carolina statute of repose had created some strange bedfellows in the General Assembly–which had almost
Continue Reading Uncertifiable and Unrecoverable: Marines’ Claims Dismissed by 11th Circuit–Despite General Assembly’s Efforts to Save Them
It was a pleasant surprise this morning to discover that the Maryland State Bar Association’s Maryland Appellate Blog was discussing a point of North Carolina appellate practice and procedure.
A few weeks ago, I blogged on the Business Court’s dismissal of an untimely notice of appeal. Today, the Court of Appeals, in a thoughtful 32-page opinion by Judge Marty
Continue Reading When Does the Trial Court Have Authority to Dismiss An Appeal?
Remember Dallas Cowboys defensive tackle Leon Lett? He was a talented player and a Super Bowl champion. Nevertheless, many now remember him as a cautionary tale about celebrating too early,
Continue Reading Get your Order Stamped and Filed before you Celebrate
Sometimes an appellant merely seeks reversal of a trial court’s decision. However, appellants should also remember that an appellate court will, on occasion, reverse a lower court and decide the
Continue Reading Winning Without Remand: Supreme Court Declares 59,900% Tax Increase Unconstitutional
When the Baltimore Ravens play the New England Patriots this weekend for the right to go to the Super Bowl, Ravens linebacker Mike McAdoo will be watching from the sideline.
Continue Reading Court of Appeals Sacks Linebacker