Do you regularly check the docket activity in your cases? If this routine is not already a part of your practice, it probably should be, especially when your client’s appeal
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How to Improve Your Chances of Winning an Appeal
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.
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Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
The North Carolina Court of Appeals decision in Hammond v. Saini arises from a horrific set of facts. Plaintiff underwent a surgical procedure to remove a potentially cancerous growth from
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Appellate Rules Only Apply to Appeals
This week’s opinions from the North Carolina Court of Appeals offered several helpful reminders for appellate practitioners. First, don’t forget to include all required parts of the record on appeal—including
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Practice Tip: Count Carefully
Generally, the Fourth Circuit has a “strong preference that cases be decided on their merits.” Aikens v. Ingram, 652 F.3d 496, 523 (4th Cir. 2011) (Davis, J., dissenting). However,
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An Independence Day Walk Down Memory Lane and a Lesson on Patience Tested: Court of Appeals Issues Opinion Reminding Practitioners That Dismissals for Appellate Rules Violations Are Alive and Well
Some moments will stick in your head forever. The birth of a child. The Challenger shuttle disaster. September 11th. President Kennedy’s assassination.
Ironically (and perhaps a little pathetically), “special” moments
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Interlocutory Appeals and Collateral Orders in the Fourth Circuit
The circuit courts of appeals have limited appellate jurisdiction. In two important cases, the Fourth Circuit recently dismissed appeals because the court did not have jurisdiction. These opinions provide an
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Today’s Court of Appeals Opinions: Three Ways to Avoid Dismissal of an Appeal
1) Have a right to appeal
In re P.K.M. involved a juvenile delinquency proceeding against a twelve-year-old boy who moved to suppress incriminating statements he had made to an investigating
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North Carolina Court of Appeals Rules that Thirty-Day Clock Starts Ticking Earlier If You Receive Actual Notice of a Judgment
Rule 3(c) of the North Carolina Rules of Appellate Procedure mandates that a party must file a notice of appeal either 1) within thirty days after entry of judgment if
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