Petitions for a writ of certiorari, particularly in criminal cases, are no stranger to this blog. But this week’s opinions from the Court of Appeals include a case that is
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Complicated: Premature Oral Notices of Appeal & Writs of Certiorari
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
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Belt and Suspenders, Appellate Rule 9(b)(3), and File Stamps
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
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Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
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
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What Rulings Should You Include in a Notice of Appeal?
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
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School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
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)Court of Appeals Issues Appellate Jurisdiction Tour de Force
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
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What Type of Review Is Triggered by a “No-Merit” Brief?
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
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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
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
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Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court
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
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