Beth and Matt’s treatise, North Carolina Appellate Practice and Procedure, is finally available! Published by LexisNexis in both print and online versions, the treatise represents the culmination of
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appellate jurisdiction
Marbury v. Madison–in 2018?
Unlike some sites, this blog does not focus heavily on decisions from the U.S. Supreme Court. But last Friday’s decision in Ortiz v. United States on the breadth of…
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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
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…
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Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court
On Wednesday, the General Assembly overrode the Governor’s veto of House Bill 239. Against opposition from the bench and the bar, the legislature pushed the court-shrinking bill through on…
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Proving Appellate Jurisdiction: Do Not Put Off Until Tomorrow What You Can Do Today
Last year, my colleague Kip Nelson warned about the risks of failing to provide a fulsome “statement of the grounds for appellate review” in an appellant’s brief, as required by…
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Dram Shops, Fish, Dogs, and Opossums: Appellate Jurisdiction Edition
When reading through recent batches of opinions from the North Carolina Court of Appeals, you may notice a new feature: a statement regarding the Court’s jurisdiction. While such a statement…
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Reply Briefs: Who Has the Final Word?
The North Carolina Rules of Appellate Procedure were changed in 2013 to provide an appellant with a guaranteed right to a reply brief, whereas earlier versions of the Rules allowed…
Governor expected to sign bill providing direct appeal to Supreme Court from North Carolina Business Court decisions
Yes, we are still an appellate blog. The Business Court, however, has been particularly active in the appellate sphere these past few months. As reported in June, the General Assembly…
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