North Carolina Supreme Court

I.  You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order

Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals decision that dismissed an appeal for a notice of appeal defect.  Reason: The notice of appeal identified the intermediate order that the appellant was challenging on appeal, but not the trial court order that converted the case into a final judgment.… Continue Reading

On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions.  Justice Per Curiam (who is fond of affirming/reversing “for the reasons stated in the Court of Appeals” majority/dissent) was conspicuously absent.  Justice Earls and Justice Newby vied for the title of “Most Prolific Dissenter.”  And the Court released its first three opinions directly reviewing trial tribunal orders terminating parental rights—and for those wondering, all three opinions were decided by the Supreme Court by published opinion, but without oral argument.… Continue Reading

Wouldn’t it be great if an automatic notification was sent out whenever court rules were updated?  Wait . . . I hear you!  “What self-respecting lawyer doesn’t subscribe to the NCAPB.com blog, which provides updates and summaries of all Appellate Rules amendments?!?”  Alas, not everyone understands the thrill of an appellate practice blog.  Plus, our focus is the North Carolina Rules of Appellate Procedure–not Supreme Court rules on court-ordered arbitration.… Continue Reading

The Supreme Court of North Carolina has another job opening, this time for a Staff Attorney.  The person selected will not only assist with the Court’s written opinions but will also be involved with rules, administrative orders, and training.  More information, including a link to the online application, can be found here.

But hurry–the application period closes next Wednesday (July 17th).… Continue Reading

The Supreme Court of North Carolina is exploring a proposal to adopt a universal citation format for North Carolina appellate court opinions. The format would implement sequential numbers for all opinions and a paragraph-based numbering system for pinpoint citations. The Court’s Technology Committee has prepared a report that describes the proposal in detail.  The idea has been percolating for years across the country, and other states have previously adopted similar formats.… Continue Reading

Earlier this month, the Supreme Court of North Carolina published its internal “Guidebook” for citation, style, and usage.

You may recall that a few years back, a lawyer obtained a copy of and began selling the U.S. Supreme Court’s “secret” Style Guide. Fortunately, you do not need to buy a copy of our State Supreme Court’s Guidebook on Amazon—or wade through 266 pages of text.… Continue Reading

Last Friday, the North Carolina Supreme Court issued its first-ever opinion discussing the learned-profession exemption under section 75-1.1.  This is big news, especially for healthcare lawyers and providers.

Most lawyers in North Carolina are familiar with section 75-1.1 of the General Statutes, which offers a broad prohibition on unfair and deceptive practices in or affecting commerce. Most lawyers also know that the law has an exemption for members of a learned profession.… Continue Reading

Finally found time to blog on one of my favorite topics: exceptions and qualifications to the error preservation requirements of Appellate Rule 10! (Um, I heard those groans!).  A few weeks ago the North Carolina Supreme Court issued two new opinions shedding additional light on this semi-fascinating topic.

Under the Statutory Mandate Exception to Appellate Rule 10, Trial Judges Generally are Not Required to Supervise the Conduct of “Outside” State Actors

In re E.D.Continue Reading

Students of history will remember a bygone era known as late 2018, when Mark Martin was Chief Justice of the North Carolina Supreme Court, the median judge on the shrinking Court of Appeals was elected in 2012, and your parents had purchased enough CDs to elevate the quaint twangs of Bebe Rexha & Florida Georgia Line to the top of the country music charts.… Continue Reading

It’s been a hot topic for years: does the North Carolina Supreme Court want to hear from amici when the Court is weighing whether to allow discretionary review of a decision of the Court of Appeals?

You can see why amicus participation would be helpful. In North Carolina, one statutory pathway to discretionary review is showing that “the subject matter of the appeal has significant public interest.”… Continue Reading