Affirm . . . reverse . . . those are the words that usually appear at the end of an appellate opinion. But last week, the Supreme Court of North
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appellate rules
Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing
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…
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Dan Horne Named New Clerk of Court for the North Carolina Court of Appeals
As noted Friday, the position of Clerk of Court for the North Carolina Court of Appeals was vacant over the weekend. The good news is that if you call…
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A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
Over the past few months, we have shared several potential problems created by the Business Court Modernization Act. Nonetheless, we held a few potential traps close to our vest because,…
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Ehrenhaus Is Here To Stay
Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For…
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Change to Automatic Stay Statute Portends Future Appellate Rules Fixes
The “automatic stay” statute seems simple enough at first glance. “When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon…
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Dismissal After Diligent (but Failed) Attempt to Get Transcript
Last week the North Carolina Court of Appeals dismissed an appeal based on what it described as “substantial noncompliance” with the appellate rules. The dismissal in Smith v. North Carolina …
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Timely Filed Notice of Appeal Dismissed as Untimely
How is that possible? The scenario is actually quite simple:
Timely Filed Notice of Appeal + Timely Date on Certificate of Service + Untimely Postmark Date…
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Like It’s Going Out of Style
One of the most useful resources for appellate lawyers just got even better.
The Appellate Style Manual, published by the state bar association’s Appellate Rules Committee, has for years…
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A Potential Pitfall of Incorporating by Reference
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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