**Update: As Troy’s follow-up blog post notes, the Court of Appeals subsequently withdrew and replaced its February opinion with a new opinion issued on March 19, 2019.    The only copy of the February opinion in my possession is not in the public domain. Therefore, you’ll just have to trust me regarding what the original opinion said.

Post-Dogwood, cases in which appeals are dismissed for non-jurisdictional rules violations are rare. … Continue Reading

Tuesday’s batch of opinions from the Court of Appeals included several helpful reminders. None of these is especially earth-shattering, but the opinions do answer some questions that may be forgotten during the rough-and-tumble process.

Do you have to file a responsive pleading after dismissal is reversed on appeal?

Yes, you do. But when you have to do so is an open question.… Continue Reading

Approximately two months ago, I blogged on the Business Court’s dismissal of an appeal not filed with the Business Court by the 5:00 p.m. notice of appeal deadline.  On Tuesday, the Business Court dismissed another appeal—this time for failure to file the notice of appeal with the clerk of the Superior Court by the notice of appeal deadline.

In Ehrenhaus v.Continue Reading