Tuesday’s batch of Court of Appeals opinions contained two scenarios in which a trial court’s oral ruling failed to align with its subsequent written order. While one of the “inconsistent”
Continue Reading No Mirror Image: Issues That Arise When Oral And Written Rulings Are Different
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
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
Ignore that Rule of Appellate Procedure! How often do you hear me say that? I would wager not often, but the Court of Appeals’ recent opinion in Magazian v. Creagh
Continue Reading Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)
Jerry Hartzell recently published an article in the April 2014 issue of the North Carolina Advocates for Justice’s Trial Briefs. The article is entitled “Probability of Success on
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
Continue Reading Does A Rule 50/52/59 Motion Still Toll the Deadline for Filing a Notice of Appeal “As to All Parties”?
Savvy appellate practitioners know that the appeal process should start long before a party files a notice of appeal. One of the early considerations should be the order or judgment
Continue Reading Don’t Forget the Findings of Fact
Rule 3(c) of the North Carolina Rules of Appellate Procedure mandates that a party must file a notice of appeal either 1) within thirty days after entry of judgment if
Continue Reading North Carolina Court of Appeals Rules that Thirty-Day Clock Starts Ticking Earlier If You Receive Actual Notice of a Judgment