appellate jurisdiction

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 several years, and many thousands of hours, of hard work.

The treatise grew out of the same circumstances that spurred us to create this blog in 2011.  The practice of law in North Carolina’s appellate courts can be procedurally tricky. … Continue Reading

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 the jurisdiction of the Supreme Court is a must-read for anyone interested in appellate practice and procedure.

As background, the petitioner in Ortiz was a member of the military who was convicted of a crime as part of a military court martial.… Continue Reading

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 here), there are limited circumstances where a trial court may move forward with a case during the pendency of an appeal.  In Plasman v. Decca Furniture (USA), Inc.,… Continue Reading

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 a mostly partyline vote.  The override votes came on the heels of a remarkable move by retiring Judge Douglas McCullough–a registered Republican–who reportedly retired a month early to avoid having his seat eliminated by the bill.… Continue Reading

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 N.C. R. App. P. 28(b)(4).

In the deliciously named Larsen v. Black Diamond French Truffles, Inc. case from last year, the North Carolina Court of Appeals warned of the jurisdictional significance of failing to include this statement in an opening appellant’s brief. … Continue Reading

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 is required in an appellant’s brief, see N.C. R. App. P. 28(b)(4), it is not required in an opinion. And although the Court has addressed jurisdiction if necessary, opinions have not traditionally included a separate statement on jurisdiction when it was not in dispute.… Continue Reading

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 a reply brief only in certain circumstances.  See N.C. R. App. P. 28(h).  Under the current Rule, the reply should be a “concise rebuttal of arguments set out in the appellee’s brief” and should not “reiterate arguments” from the principal brief. … Continue Reading

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 has been considering a bill to “modernize” the North Carolina Business Court.  On Saturday, a final bill was presented to the Governor, which he is expected to sign.

Senate Bill 853 would amend section 7A-27 to shift to the North Carolina Supreme Court venue over appeals of right from final judgments and most immediately appealable interlocutory orders of the Business Court. … Continue Reading