The trial judge who presides over a hearing or trial is supposed to, and usually does, sign the resulting written order. But what happens if that normal process is not
Continue Reading Can You Appeal from a Nullity?

A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975.
Continue Reading Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)

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

Last week’s batch of opinions from the Court of Appeals includes a procedurally complicated case in which the court granted a writ of certiorari–only to dismiss a large portion of the appeal “as untimely and interlocutory.” The opinion shines light on several faulty presumptions that can trip up an appeal. Intrigued? Read on.
Continue Reading Writ of Certiorari Issued to Dismiss 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

There are myriad reasons why, when given the choice, North Carolina litigators might want a case venued in federal court as opposed to state court (and depending on the circumstance,
Continue Reading Why You Might Want to Make a Federal Case Out of Something

Most attorneys have had a least one unfavorable final judgment entered before trial.  The attorney may feel that the trial court completely misunderstood her argument. Perhaps the trial court entered
Continue Reading Resisting the Urge To Give The Trial Court One Last Chance: Dangers of Using N.C. R. Civ. P. 59 To Revisit Final Judgments Entered Without A Trial