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

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
Continue Reading Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not

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
Continue Reading 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

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
Continue Reading Today’s Court of Appeals Opinions: Three Ways to Avoid Dismissal of an Appeal

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
Continue Reading North Carolina Court of Appeals Rules that Thirty-Day Clock Starts Ticking Earlier If You Receive Actual Notice of a Judgment