On March 7, 2008, the North Carolina Supreme Court issued Dogwood Dev. & Mgmt. Co., LLC v. White Oak Transp. Co., probably the most important appellate rules opinion of its
Continue Reading Seven Year Itch: Seven Years of Court of Appeals Opinions Applying Dogwood v. White Oak
Appellate Rules Violations
Judge Eagles (and Mack) Said It Best: Mistakes To Avoid When Filing Any Brief
By Beth Scherer on
While this blog is normally confined to appellate cases and issues, in a recent “text order,” Judge Catherine Eagles of the Middle District of North Carolina fired a warning…
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A Potential Pitfall of Incorporating by Reference
By Fox Rothschild LLP on
When it comes to briefing, we know we should be accurate, clear, and concise (and persuasive, of course). For many of us, brevity is the real challenge—a challenge word limitations…
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Appellate Procedure and Preservation of Errors: They Matter!
By Beth Scherer on
While reading through the latest batch of opinions from the North Carolina Court of Appeals, I was struck (again) by how often appellate cases are not decided on the merits…
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Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)
By Beth Scherer on
Ignore that Rule of Appellate Procedure! How often do you hear me say that? I would wager not often, but the Court of Appeals’ recent opinion in Magazian v. Creagh…
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Jurisdiction, Jurisdiction, Jurisdiction (a.k.a., Lights, Camera, No Action)
By Beth Scherer on
Jurisdiction, Jurisdiction, Jurisdiction. These three words will be on mental repeat after reading the North Carolina Court of Appeals’ decision this week in MDT Personnel, LLC v. APH Contractors, Inc…
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Does A Rule 50/52/59 Motion Still Toll the Deadline for Filing a Notice of Appeal “As to All Parties”?
By Beth Scherer on
Eric will be blogging about today’s Court of Appeals’ opinions later tonight, but I wanted to make everyone aware of a prior Court of Appeals’ opinion that all litigators should…
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Service in the Digital Age: Use of Email During Appeal
By Matthew Nis Leerberg on
I still remember the first email I sent, way back in 1995 (to my now-wife). Here we are, 17 years later, and email is no longer a novelty. It is…
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Just the Facts: If It Isn’t in the Record, You Can’t Talk About It
By Matthew Nis Leerberg on
Can’t you squeeze a few extra facts into your appellate brief to make sure the Court of Appeals understands the flavor of the case? The Court would surely excuse you…
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Nothing “New” Under the Sun: Court of Appeals Finds “New” Issue Waived When Saved for Reply Brief
By Matthew Nis Leerberg on
Under the Appellate Rules, there is generally no right to file a reply brief in the North Carolina appellate courts. In the maze of exceptions to this rule, by which…
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