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
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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,
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The Writ of Certiorari—A Somewhat Less Powerful Tool?
Yesterday’s batch of opinions contained an unusual nugget: an entire opinion devoted to arguably the most powerful of all appellate tools, the writ of certiorari. In State v. Biddix,
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Where Does Your Appeal Lie In a North Carolina Business Court Case?
The fine print to the Business Court Modernization Act poses a jurisdictional trap for those wishing to appeal from a Business Court order. Signed into law on August 6, 2014,
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Citation to Legal Authority: What is Required to Comply with Appellate Rule 28(a)?
In March, we blogged about a chart summarizing post-Dogwood opinions involving appellate rules violations. Drew and Carrie may be adding another entry to their chart. In an opinion authored
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