appeal

The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls.  Based on the current composition of the Supreme Court, this minimalist approach, with a dissent, may be a harbinger of what to expect from the Supreme Court in the future.
Continue Reading A Majority Court and a Dissenting Justice: A Glimpse into the Future?

Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine.
Continue Reading Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff

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

The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief.  Not in a conclusory

Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments?  Maybe Don’t Count on It

In October 2018, I gave a CLE presentations with (now recently sworn in) Judge Allegra Collins: “Life Preservers on the Titanic: Issues Not Properly Preserved for Appellate Review.”  Part
Continue Reading Supreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review

Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post
Continue Reading Supreme Court Reverses Court of Appeals Application of Appellate Rule 2

Generally speaking, an appeal stops all proceedings at the trial court level until the appeal concludes. However, as we have previously blogged (here, here, here, and
Continue Reading The Court of Appeals Again Recognizes the Trial Court’s Jurisdiction to Decide the Appealability of Interlocutory Orders When Deciding Whether the § 1-294 Stay Applies

Holidays, snowstorms, vacations, workloads—mixed in with the winter blahs—have resulted in us getting a little behind on our blogging duties. The appellate courts, however, have not suffered from the same
Continue Reading Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing