For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment orContinue Reading What Rulings Should You Include in a Notice of Appeal?
Writ of Certiorari Issued to Dismiss Appeal
Last week’s batch of opinions from the Court of Appeals includes a procedurally complicated case in which the court granted a writ of certiorari–only to dismiss a large portion of the appeal “as untimely and interlocutory.” The opinion shines light on several faulty presumptions that can trip up an appeal. Intrigued? Read on.
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Business Court Again Urges Immediate Review by Supreme Court
**Update: Defendant CHS has filed a petition for writ of certiorari, here.**
Last year, something unusual happened in a business court case. In the course of denying summary judgment…
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Court of Appeals Doubles Down on Deadlines: Notice of Appeal Really Can Be Filed Too Early
A few months ago, I wrote about a case in which the Court of Appeals held that a notice of appeal was filed too early because the time period for…
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Proper Etiquette Is To Be On Time–Not Early
You should always file your notice of appeal as soon as possible, right? Wrong. This is one instance in which being early can actually be detrimental to your client’s rights.
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Update: Appellate Court Jurisdiction
It was just over one year ago that I wrote about the authority of one appellate panel to overrule another panel when the issue is one of jurisdiction. Last week,…
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A Tool For All Seasons—Supreme Court Deploys Writ of Certiorari to Resurrect State Bar Dispute
A Petition for Writ of Certiorari continues to be the most powerful tool in the Supreme Court’s arsenal. Last Friday, the North Carolina Supreme Court used its certiorari authority…
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Should Supreme Court Allow Immediate Appeal from Business Court Orders Turning on Debatable Controlling Issues of Law?
Our state appellate system allows for appeals from final judgments, appeals from interlocutory orders that affect a substantial right, and appeals from orders that are final as to …
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The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?
Sometimes the juiciest info is found in the comments. In October, I blogged about State v. Biddix—a Court of Appeals’ opinion that appeared to significantly limit the Court of…
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Square Pegs and Round Holes: Getting Your Appeal Before the Court
You want to appeal an interlocutory order, and with great relief you find a case in which your legal issue affected a substantial right that allowed for such an appeal.
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