**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

Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3.  But is the file-stamp on that notice of appeal unassailable?  On Wednesday, the North Carolina Business Court answered that question in the negative.

In Azure Dolphin LLC v. Barton, the deadline for filing the notice of appeal was 1 November 2017.… Continue Reading

After Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations. However, that reluctance does not give carte blanche to appellate practitioners, as the Court of Appeals reminded us today. In Williamson v. Williamson, the appellant relied on “bald assertions of error absent citation to any legal authority.” Furthermore, the appellant did not include transcripts from the trial court hearings, which prevented the court from “meaningful appellate review.”… Continue Reading

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 for this appellate practitioner include two appellate rules moments: Dogwood v. White Oak and the Supreme Court’s decision to abolish assignments of error.

It was 2008, and for several years appellate practitioners had been witnessing (or, for the most unfortunate, experiencing) a wave of dismissals for appellate rules violations.… Continue Reading