Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine.
Continue Reading Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the appellate courts.
Continue Reading There’s No Appeal Without the Right to Appeal
The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory
Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
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 or
Continue Reading What Rulings Should You Include in a Notice of Appeal?
Court of Appeals Petition Rulings Unmasked
Continue Reading Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later
Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can
Continue Reading The Panel of Theseus
Desperately searching for COVID-safe CLE hours? The North Carolina Court of Appeals is offering appellate continuing legal education courses until the end of February 2021. According to the Court’s press
Continue Reading North Carolina Court of Appeals Offers Free Appellate CLE Courses
It continues to amaze me how difficult it is for the public to access basic information about the upcoming elections for open seats on the Supreme Court of North Carolina
Continue Reading No Appellate Judicial Primaries in 2020; Our Voter-Information Guide Is Ready
On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions. Justice Per Curiam (who is fond of affirming/reversing “for the reasons
Continue Reading Taking Care of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form of) Appellate Review
At first blush, it might not seem surprising that the Court of Appeals would dismiss an appeal if “[n]o issues have been argued or preserved for review.” But what is
Continue Reading What Type of Review Is Triggered by a “No-Merit” Brief?