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
There is perhaps no truer aphorism of appellate jurisdiction than this: The substantial right doctrine is more easily stated than applied. In light of the Court of Appeals’ opinion last
Continue Reading You Can Say That Again: The Substantial Right Doctrine Is More Easily Stated Than Applied
On Friday, the Supreme Court of North Carolina reaffirmed that (1) a writ of certiorari remains the most powerful tool in an appellate court’s arsenal and (2) that the Appellate
Continue Reading Writs of Certiorari: Still the Most Powerful Tool in the Appellate Courts’ Arsenal
A few weeks ago, the North Carolina Court of Appeals in Connor v. Connor rejected an argument that a notice of appeal signed by a pro se litigant was defective
Continue Reading When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (State Edition)
Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3. But is the file-stamp on that notice
Continue Reading File-Stamp Not Dispositive As To When Notice Of Appeal Was Filed
In its 6 February 2018 tranche of opinions, the Court of Appeals addresses Rule 2 of the Rules of Appellate Procedure at length in State v. Campbell. Appellate Rule
Continue Reading Appellate Courts’ Application of Rule of Appellate Procedure 2 In Criminal (and Civil) Cases
The North Carolina Court of Appeals has started off 2018 with a trend of clarification. As we noted last week, in this year’s first batch of opinions the Court clarified
Continue Reading Court of Appeals Continues to Clarify, This Time With Respect to Burden of Proving Timely Appeal
Imagine that Judge Waldo has orally ruled against your client. A proposed written order has been submitted by the parties to the trial court. You are gearing up for an
Continue Reading Where’s (Judge) Waldo?–The Role of Substitute Judges under the Appellate Rules and Rules of Civil Procedure
The Appellate Rules Committee has updated the Appellate Style Manual, which is intended to give practical examples and tips for those practicing in North Carolina’s appellate courts. Though not a
Continue Reading It Never Goes out of Style
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