[CORRECTION, JANUARY 26, 2024: Attorney Benjamin Kull, who practices in Durham, pointed out to me that the penultimate paragraph of the original post, discussing searches based on the odor of
Continue Reading PROMISES, PROMISESattorney fees
Somewhat Surprising Sanctions
By Kip D. Nelson on
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…
Continue Reading Somewhat Surprising Sanctions
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…
Continue Reading Be Careful What You [Object] For
How to Improve Your Chances of Winning an Appeal
By Kip D. Nelson on
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. …
Continue Reading How to Improve Your Chances of Winning an Appeal