Last Friday was a blockbuster appellate day for the Supreme Court of North Carolina. Not only did it effectively declare an appellate jurisdiction statute unconstitutional (see Matt’s blog post), but Justice Newby authored a concurring opinion inspired by “It’s a Wonderful Life.”  (“Was Old Man Potter simply morally corrupt or was he also guilty of a crime?”).

For North Carolina’s appellate defenders, however, Friday was not a wonderful day.… Continue Reading

In its final set of opinions from 2016, the North Carolina Court of Appeals provided some helpful reminders for appellate practitioners.

1. Unless some other exception applies, you may appeal from an interlocutory order only if it affects a substantial right. In Pass v. Brown, the Court reminded us that an appellant must identify a substantial right affected by each issue, not by an immediate appeal as a whole.… Continue Reading

How exactly can a client recover for attorney’s fees expended on appeal? The Court of Appeals provided some clarity on this question today, at least in the family law context.

The central issue in McKinney v. McKinney was whether a trial court has the authority to award attorney’s fees upon remand from the Court of Appeals if the motion for fees was not made before the appellate court.… Continue Reading