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)

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.

The
Continue Reading Uncertifiable: Battle Over North Carolina’s Statute of Repose in CERCLA Cases Makes for Strange Bedfellows

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?