The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals
Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
North Carolina recently lost another of its retired appellate judges. K. Edward Greene served on the Court of Appeals for sixteen years following eight years as a district court
Continue Reading The Great Dissenter: North Carolina says goodbye to Judge Eddie Greene
As some of our readers may know, I write a monthly column for North Carolina Lawyers Weekly. The topics are what I’d call appellate-adjacent. But this month’s column is right
Continue Reading An extended conversation with Justice Dietz
When prospective Appellants face a deadline for filing a Notice of Appeal, it is imperative that they know how many days, and which days, to count.
Continue Reading Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal
Much ink has been spilled exploring the porous jurisdictional border between the trial division and the appellate division. A recent opinion from the Court of Appeals addresses this issue again.
Continue Reading Better Late Than Never? Not Always
As any parent knows, children say the darndest things. The other day, during bedtime, my three-year-old niece turned to her father unprompted and said, “I don’t want you to read
Continue Reading Children Say the Darndest Things – NC Court of Appeals Resolves When a Witness Can Testify on a Child’s Coaching vs Truthfulness.
If you’re reading this blog, you’re probably interested in North Carolina Appeals. And if you’re interested in North Carolina appeals, you will really be interested in the North Carolina Appellate
Continue Reading It’s Not Too Late to Register for the NC Appellate CLE Bonanza!
The news these days is filled with stories about Artificial Intelligence and how it will change our lives. We’ve seen impressive examples of AI-generated stories, poems and essays composed in
Continue Reading Chat GPT said WHAT??!!Gentle reader, if you haven’t considered becoming a specialist in appellate practice, here is your opportunity.
| Becoming a North Carolina Board Certified Specialist in Appellate Practice can be a great |
On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26. New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing
Continue Reading Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using Odyssey
In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the appellate courts.
Continue Reading There’s No Appeal Without the Right to Appeal
By: Brian Bernhardt
Jurisdiction is a foundation of what we do as trial and appellate practitioners. While a litigant can waive lack of personal jurisdiction, lack of subject matter jurisdiction
Continue Reading Your Place or Mine?