After Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations. However, that reluctance does not give carte blanche to appellate practitioners, as the Court of Appeals reminded us today. In Williamson v. Williamson, the appellant relied on “bald assertions of error absent citation to any legal authority.” Furthermore, the appellant did not include transcripts from the trial court hearings, which prevented the court from “meaningful appellate review.”… Continue Reading

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 can have disastrous consequences. Yesterday’s opinions from the Court of Appeals highlight some of these concerns.

WAIVER IN OBJECTIONS AT TRIAL

Gregory v. Old Republic Home Protection Co. was a wrongful death action resulting from a carbon monoxide poisoning death.… Continue Reading

1)     Appeal from an order that can be appealed.  The Court of Appeals reminded us today that interlocutory attorney fee awards are not immediately appealable.  Cebula v. Givens Estates, Inc.  Neither are decisions from the Industrial Commission that are limited to the question of insurance coverage.  Owen v. Hogsed.  Neither are orders that dismiss some, but not all, claims.  Fox v.Continue Reading