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 her face.  During the procedure, a cauterizing tool being used by the surgeon ignited oxygen trapped around the plaintiff’s face, resulting in severe burns and injuries to plaintiff.  Plaintiff sued various defendants, and served discovery requests on them.… Continue Reading

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.

The central issue in McKinney v. McKinney was whether a trial court has the authority to award attorney’s fees upon remand from the Court of Appeals if the motion for fees was not made before the appellate court.… Continue Reading

Some moments will stick in your head forever. The birth of a child. The Challenger shuttle disaster. September 11th. President Kennedy’s assassination.

Ironically (and perhaps a little pathetically), “special” moments for this appellate practitioner include two appellate rules moments: Dogwood v. White Oak and the Supreme Court’s decision to abolish assignments of error.

It was 2008, and for several years appellate practitioners had been witnessing (or, for the most unfortunate, experiencing) a wave of dismissals for appellate rules violations.… Continue Reading

Three months ago we posted an appellate practice tip regarding Appellate Rule 7 and the court reporter’s duties in delivering and filing a completed trial court transcript. We noted that, to avoid potential problems with transcripts, appellate practitioners should follow up with the court reporter after a request to file a transcript is made. Today the Court of Appeals released an opinion in In Re T.Continue Reading