While we here at NCAPB concern ourselves with all things appellate, rarely do we have occasion to blog about appeals from decisions made in Small Claims Court. Cue up the
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jurisdiction
Law Expands Supreme Court Jurisdiction to Include Direct Appeals in Business Court Cases and from Orders Invalidating Acts of the General Assembly
By Matthew Nis Leerberg on
The workload of the Supreme Court of North Carolina just increased substantially. The governor’s office announced yesterday that he had signed Senate Bill 853, which strengthens our State’s flagship business…
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Governor expected to sign bill providing direct appeal to Supreme Court from North Carolina Business Court decisions
By Beth Scherer on
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…
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A Tale of Two Filing Requirements: Business Court Issues Second Opinion Dismissing Appeal For Failure To Comply With Appellate Rule 3’s Filing Requirements
By Beth Scherer on
Approximately two months ago, I blogged on the Business Court’s dismissal of an appeal not filed with the Business Court by the 5:00 p.m. notice of appeal deadline. On Tuesday,…
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Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)
By Beth Scherer on
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…
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Bell v. Martin, 35 Years Later
By Fox Rothschild LLP on
Although filing a notice of appeal generally divests the trial court of jurisdiction, an appellant may still move for a new trial while an appeal is pending. Doing so, however,…
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Jurisdiction, Jurisdiction, Jurisdiction (a.k.a., Lights, Camera, No Action)
By Beth Scherer on
Jurisdiction, Jurisdiction, Jurisdiction. These three words will be on mental repeat after reading the North Carolina Court of Appeals’ decision this week in MDT Personnel, LLC v. APH Contractors, Inc…
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Issues of Jurisdiction
By Kip D. Nelson on
While the substantive issues in a case are often the most interesting and the most contested, the issue of jurisdiction underlies every facet of litigation. The North Carolina Court of…
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Appellate Rules Only Apply to Appeals
By Kip D. Nelson on
This week’s opinions from the North Carolina Court of Appeals offered several helpful reminders for appellate practitioners. First, don’t forget to include all required parts of the record on appeal—including…
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Practice Tip: Count Carefully
By Kip D. Nelson on
Generally, the Fourth Circuit has a “strong preference that cases be decided on their merits.” Aikens v. Ingram, 652 F.3d 496, 523 (4th Cir. 2011) (Davis, J., dissenting). However,…
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