There was a time when I thought of a writ of prohibition as a mythical creature that only exists in fairy tales. As it turns out, the writ does exist.
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NC Court of Appeals
Interlocutory Review of Fee Awards: How Much Is Too Much?
Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a…
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Now Hiring: Office of Appellate Division Staff
Are you ready for a change of pace from private practice? The Office of Appellate Division Staff, which is located in the North Carolina Court of Appeals building, has a…
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And Then There Was One: North Carolina Court of Appeals Grants En Banc Review for the First Time Ever.
Friday afternoon, my email and text message notification systems were singing. Why? For the first time since December 2016 when the Court of Appeals received en banc review authority,…
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The Court of Appeals Returns to In-Person Arguments
The return to normalcy continues. Back in March 2021, the North Carolina Court of Appeals issued guidelines for when in-person oral arguments could be scheduled. Then, earlier this month…
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Welcome Gene: Court of Appeals Hires New Clerk of Court
As reported previously, Dan Horne is retiring as Clerk of the Court of Appeals at the end of the month. His successor will be Eugene “Gene” Soar, who has served…
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Appellate Ping-Pong: General Assembly Sends Termination of Parental Rights Cases Back to Court of Appeals
In April 2017, the General Assembly moved primary (i.e., initial) appellate jurisdiction in termination of parental rights appeals from the Court of Appeals to the Supreme Court. That change…
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ICYMI: Chat with the Chiefs on Thursday, May 6th
You are invited to attend the Appellate Practice Section’s “Fireside Chat with the Chiefs” this Thursday, May 6th, at 1:00 p.m. Don’t pass up this great opportunity to hear from…
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Supreme Court Upholds Constitutionality of Another Error Preservation Statute
Under Appellate Rule 10, the general rule is that appellate courts only decide issues properly raised, argued, and decided in the trial tribunal. But exceptions to this general rule exist…
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Something Next to Normal: Is the Court of Appeals Returning to In-Person Oral Arguments?
It has been more than a year since the Court of Appeals and Supreme Court have held in-person oral arguments. Thankfully, the appellate courts have been able to continue their…
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