In a short order issued last week, the North Carolina Supreme Court narrowly voted to vacate a Court of Appeals’ opinion in connection with dismissing an appeal on mootness grounds.
Continue Reading When an appeal becomes moot, should the lower court opinion be vacated?
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
“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?