Sometimes you fall headlong into a chorus you thought you knew by heart—only to discover the bridge is where all the action is. For appellate practitioners, that action seems to
Continue Reading Complicated: Premature Oral Notices of Appeal & Writs of Certiorari
This blog has spent a lot of ink discussing file stamps. Indeed, two Halloweens ago we devoted an entire blog post to the ghoulish topic of missing file stamps and
Continue Reading Belt and Suspenders, Appellate Rule 9(b)(3), and File Stamps
The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory
Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or
Continue Reading What Rulings Should You Include in a Notice of Appeal?
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals
Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
A lot of mistakes can be fixed, but those depriving an appellate court of jurisdiction are not usually among them. Unless the appellate court deems the appeal to raise issues
Continue Reading Court of Appeals Issues Appellate Jurisdiction Tour de Force
At first blush, it might not seem surprising that the Court of Appeals would dismiss an appeal if “[n]o issues have been argued or preserved for review.” But what is
Continue Reading What Type of Review Is Triggered by a “No-Merit” Brief?
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
On Wednesday, the General Assembly overrode the Governor’s veto of House Bill 239. Against opposition from the bench and the bar, the legislature pushed the court-shrinking bill through on
Continue Reading Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court
Last week, we wrote about a bill that was introduced in the legislature that would shrink the Court of Appeals to 12 judges while tweaking the jurisdiction of the Supreme
Continue Reading More Jurisdictional Changes: Could Juvenile Cases Be Next?