Generally speaking, an appeal stops all proceedings at the trial court level until the appeal concludes. However, as we have previously blogged (here, here, here, and
Continue Reading The Court of Appeals Again Recognizes the Trial Court’s Jurisdiction to Decide the Appealability of Interlocutory Orders When Deciding Whether the § 1-294 Stay Applies

There are few concepts that are as important to our nation’s jurisprudence as that of jurisdiction. As stated by the Supreme Court of the United States, “Jurisdiction is the power

Continue Reading No Jurisdiction Means No Jurisdiction (Except When It Doesn’t)

Holidays, snowstorms, vacations, workloads—mixed in with the winter blahs—have resulted in us getting a little behind on our blogging duties. The appellate courts, however, have not suffered from the same
Continue Reading Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing

In federal court, an order granting a preliminary injunction is immediately appealable under 28 U.S.C. § 1292.  In North Carolina courts, however, an order granting a preliminary injunction is
Continue Reading Can You Restart the 30-Day Appeals Clock After Remand from Federal Court?

There are some obvious parallels between pursuing a preliminary injunction and pursuing an immediate appeal based on an interlocutory order’s affecting your substantial rights.  To obtain a preliminary injunction, a
Continue Reading Supreme Court Rules at the Intersection of Preliminary Injunctions and Substantial Rights

Take a glance at the Table of Contents of the Appellate Rules Committee’s invaluable “Guide to Appealability of Interlocutory Orders.” The Guide sets forth the many, many categories
Continue Reading A Rose By Any Other Name: Court of Appeals Looks Past Label on Rule 12 Motion in Search for Substantial Right

Yes, we are still an appellate blog.  The Business Court, however, has been particularly active in the appellate sphere these past few months.  As reported in June, the General Assembly
Continue Reading Governor expected to sign bill providing direct appeal to Supreme Court from North Carolina Business Court decisions