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. . .
Court of Appeals Adds Another Wrinkle to What Constitutes a “Proper” Rule 59 Motion for Non-Trial Judgments
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
Court of Appeals Continues to Clarify, This Time With Respect to Burden of Proving Timely Appeal
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
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Court of Appeals Extends Grace To Reach Merits of Appeal–Twice in the Same Day
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
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Why You Might Want to Make a Federal Case Out of Something
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,
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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
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