Jurisdiction, Jurisdiction, Jurisdiction. These three words will be on mental repeat after reading the North Carolina Court of Appeals’ decision this week in MDT Personnel, LLC v. APH Contractors, Inc
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Record on Appeal
Does A Rule 50/52/59 Motion Still Toll the Deadline for Filing a Notice of Appeal “As to All Parties”?
By Beth Scherer on
Eric will be blogging about today’s Court of Appeals’ opinions later tonight, but I wanted to make everyone aware of a prior Court of Appeals’ opinion that all litigators should…
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Alternative Requests for Relief – Reasonable or Risky Business?
By Fox Rothschild LLP on
Thinking about proposing an alternative request for relief, asking for a clean win but informing the court that you would settle for lesser relief “in the alternative”? What about saving…
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How to Improve Your Chances of Winning an Appeal
By Kip D. Nelson on
1) Appeal from an order that can be appealed. The Court of Appeals reminded us today that interlocutory attorney fee awards are not immediately appealable. Cebula v. Givens Estates, Inc. …
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Despite “Substantial” Violations of the Rules of Appellate Procedure, Court of Appeals Entertains Appeal of Equitable Distribution Judgment
By Fox Rothschild LLP on
Sometimes the North Carolina Court of Appeals encounters an appeal that gives it a case of the Mondays. Hill v. Hill is a case that, according to Judge Steelman,…
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Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
By Beth Scherer on
The North Carolina Court of Appeals decision in Hammond v. Saini arises from a horrific set of facts. Plaintiff underwent a surgical procedure to remove a potentially cancerous growth from…
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Getting Paid for Your Work: Attorney’s Fees on Appeal
By Kip D. Nelson on
How exactly can a client recover for attorney’s fees expended on appeal? The Court of Appeals provided some clarity on this question today, at least in the family law context.
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Attorneys’ Fees, New Arguments on Appeal, and Appellate Rules Violations – Oh My!
By Fox Rothschild LLP on
In its latest round of opinions, the Court of Appeals applies principles regarding possible statutory bases to support the award of attorneys’ fees for appellate matters, the futility of raising…
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The Power of Doing Nothing!
By Beth Scherer on
An opinion from the Court of Appeals this week is a reminder that one of the best “weapons” in an appellee’s arsenal is sometimes the power to sit back and…
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Appellate Rules Only Apply to Appeals
By Kip D. Nelson on
This week’s opinions from the North Carolina Court of Appeals offered several helpful reminders for appellate practitioners. First, don’t forget to include all required parts of the record on appeal—including…
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