One sentence of Rule 3(c) of the North Carolina Rules of Appellate Procedure provides: “If timely notice of appeal is filed and served by a party, any other party may
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A Lesson in Helping Verbs: When You May, Might, or Must Appeal
In its final set of opinions from 2016, the North Carolina Court of Appeals provided some helpful reminders for appellate practitioners.
1. Unless some other exception applies, you may appeal
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Dram Shops, Fish, Dogs, and Opossums: Appellate Jurisdiction Edition
When reading through recent batches of opinions from the North Carolina Court of Appeals, you may notice a new feature: a statement regarding the Court’s jurisdiction. While such a statement
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Square Pegs and Round Holes: Getting Your Appeal Before the Court
You want to appeal an interlocutory order, and with great relief you find a case in which your legal issue affected a substantial right that allowed for such an appeal.
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Supreme Court Rules at the Intersection of Preliminary Injunctions and Substantial Rights
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
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Reply Briefs: Who Has the Final Word?
The North Carolina Rules of Appellate Procedure were changed in 2013 to provide an appellant with a guaranteed right to a reply brief, whereas earlier versions of the Rules allowed
An Interlocution on Interlocutory Orders
Appellate practitioners are undoubtedly familiar with the general rule that “there is no right of immediate appeal from interlocutory orders.” Goldston v. Am. Motors Corp., 326 N.C. 723, 725,
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Does A Rule 50/52/59 Motion Still Toll the Deadline for Filing a Notice of Appeal “As to All Parties”?
Eric will be blogging about today’s Court of Appeals’ opinions later tonight, but I wanted to make everyone aware of a prior Court of Appeals’ opinion that all litigators should
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Alternative Requests for Relief – Reasonable or Risky Business?
Thinking about proposing an alternative request for relief, asking for a clean win but informing the court that you would settle for lesser relief “in the alternative”? What about saving
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Nothing “Substantial” About an Amended Summons
Trying to convince the Court of Appeals that a substantial right exists which warrants the immediate appeal of an interlocutory order is no easy feat, and the Court’s decision today
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