This week, the Court of Appeals added some nuance to an issue that has plagued appellants for many years: the calculation of the appeal period when a judgment is not
Continue Reading The Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to Appeal
An intriguing by-play between judges on the North Carolina Court of Appeals recently emerged into public view in the case of State v. Calvin Lee Miller.
After shooting his
Continue Reading The Descent of a Dissent
North Carolina General Statute § 7A-30(2) allows for an appeal as of right to the Supreme Court of North Carolina from “any decision of the Court of Appeals rendered in
Continue Reading When It Comes to Appeals as of Right to the Supreme Court of North Carolina, Not All Dissents Are The Same
On Tuesday, Troy posted on the uncertainty surrounding how North Carolina appeals are being impacted by the coronavirus pandemic. On Thursday, the Chief Justice issued a catastrophic conditions order extending
Continue Reading Oral Arguments in the Appellate Courts and Chief Justice’s Emergency Order: Coronavirus Impact Update
Last 
week, the Court of Appeals returned to a general question that this blog has addressed before: When is a Notice of Appeal Filing Deadline or Requirement Jurisdictional? In this
Continue Reading Can the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?
Our state appellate courts have long held that a timely notice of appeal is a jurisdictional requirement. See, e.g., State v. Patterson. (For an interesting discussion on this
Continue Reading Fourth Circuit Rejects Equitable Defenses to Untimely Notice of Appeal
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. . .
Update: 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
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,
Continue Reading Notices of Appeal: Wouldn’t It Be Nice?
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