In an earlier post, Beth detailed best practices for when a Rule 59 motion will successfully toll the 30-day appeal period under Appellate Rule 3.  See here.  To recap,
Continue Reading What Makes a “Proper” Rule 59 Motion?  The Uncertainty Over When a Rule 59 Motion Will Toll the 30-Day Appeal Clock Continues. . .

scary pictureUpdate: In February 2021, the Supreme Court granted the defendant’s petition for discretion review. 

Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions
Continue Reading “They’re baaaaack!”– Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty

Back in March, the Court of Appeals in Ramsey v. Ramsey dismissed a party’s appeal for cumulative non-jurisdictional violations that the Court described as “gross and substantial noncompliance with the
Continue Reading Is Dogwood’s Bark Losing Its Bite?

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

With the reworking of N.C.G.S. § 7A-27 to provide a direct appeal to the Supreme Court of North Carolina from certain orders of the North Carolina Business Court, it was
Continue Reading Supreme Court Gets Down to Business—Business Court Cases, That Is

Note: much of the information below comes from The American Lawyer’s October 23 “Daily Dicta,” by Jenna Greene.

He started as a pro se plaintiff alleging First Amendment (and other) 
Continue Reading Unpublished Fourth Circuit Per Curiam Opinion Involving Pro Se Litigant Rights Moving Towards the Supreme Court on the Backs of Legal Giants

In Davis v. Rizzo (issued Tuesday), the Court of Appeals further limited what kinds of post-judgment motions might constitute “proper” Rule 59 motions sufficient to toll the appeal period.   Not
Continue Reading Court of Appeals Adds Another Wrinkle to What Constitutes a “Proper” Rule 59 Motion for Non-Trial Judgments

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”?

Our appellate blogosphere has been filled with an unusual number of posts involving dismissed appeals. However, the North Carolina Court of Appeals on Tuesday bestowed leniency on two appeals, utilizing
Continue Reading Court of Appeals Extends Grace To Reach Merits of Appeal–Twice in the Same Day