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?
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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Proving Appellate Jurisdiction: Do Not Put Off Until Tomorrow What You Can Do Today
Last year, my colleague Kip Nelson warned about the risks of failing to provide a fulsome “statement of the grounds for appellate review” in an appellant’s brief, as required by
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Update: Appellate Court Jurisdiction
It was just over one year ago that I wrote about the authority of one appellate panel to overrule another panel when the issue is one of jurisdiction. Last week,
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Are Certain Rule 60 Orders Unappealable?
Savvy practitioners know that some post-trial motions toll the deadline for filing a notice of appeal, but motions brought under Rule 60 of the Rules of Civil Procedure do not
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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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A FedEx Nightmare
Eleven days before it is due, you FedEx your Notice of Appeal to the county courthouse, return-receipt requested. Seven days before it is due, you receive an e-mail confirmation that
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Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing
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
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A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges
Yesterday’s blog post focused on how the Business Court Modernization Act only applies to “actions designated as mandatory complex business cases on or after” October 1, 2014. See Session Law
Continue Reading A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges
A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
Over the past few months, we have shared several potential problems created by the Business Court Modernization Act. Nonetheless, we held a few potential traps close to our vest because,
Continue Reading A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.