Stories of mythical creatures have taken over this blog. First it was the summer 2021 unicorn where the Court of Appeals granted (and then withdrew) its first en banc review.
Continue Reading Unicorns and Loch Ness Monsters—Spotted Yesterday

Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
Stories of mythical creatures have taken over this blog. First it was the summer 2021 unicorn where the Court of Appeals granted (and then withdrew) its first en banc review.
Continue Reading Unicorns and Loch Ness Monsters—Spotted Yesterday
Back in July, the Court of Appeals issued a published opinion in In re L.V. dismissing an appeal from an order terminating parental rights after the parent’s attorney filed…
Continue Reading The Plot Thickens: Differing Opinions on No-Merit Briefs
With the enactment of Senate Bill 4 last week, the Court of Appeals now has the statutory authority to hear and rehear cases en banc. Right on schedule, the…
Continue Reading Court of Appeals Issues Opinions With Dissents; Procedure For Further Review Unclear
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…
Continue Reading Interlocutory Appeals and Collateral Orders in the Fourth Circuit