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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appellate rules
Change to Automatic Stay Statute Portends Future Appellate Rules Fixes
By Matthew Nis Leerberg on
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
By Fox Rothschild LLP on
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
By Fox Rothschild LLP on
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
By Kip D. Nelson on
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
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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Didn’t See That Coming! North Carolina Supreme Court Sua Sponte Grabs FIVE Cases From Court of Appeals
By Beth Scherer on
On Friday, most of the NCAPB bloggers were attending the NCBA’s annual appellate practice CLE. However, a buzz of non-CLE chatter was excitedly circulating around the room. Had anyone ever…
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Be Careful What You [Object] For
By Kip D. Nelson on
The concept of waiver is fairly straightforward and can generally be summed up by the adage “use it or lose it.” But when it comes to appellate practice, the concept…
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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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