With the enactment of Senate Bill 4 last week, the Court of Appeals now has the statutory authority to hear and rehear cases en banc. Right on schedule, the
Continue Reading Court of Appeals Issues Opinions With Dissents; Procedure For Further Review Unclear
A couple of years ago, the North Carolina Supreme Court found itself with a heftier docket, thanks to new laws like the Business Court Modernization Act that sent certain appeals
Continue Reading Bill Would Give Court of Appeals En Banc Jurisdiction and Make Appellate Races Partisan Again; Eliminate Direct Appeal To Supreme Court From Orders Declaring Law Facially Invalid
In 2013, a new statute took effect allowing for immediate appeal from certain interlocutory orders entered in family law cases. N.C. Gen. Stat. § 50-19.1. In that context, it
Continue Reading Have the Floodgates Opened for Family Law Appeals?
On September 15 of this year, we blogged about how the Business Court Modernization Act’s amendment to N.C. Gen. Stat. § 7A-27 appeared to create concurrent jurisdiction in the Supreme
Continue Reading General Assembly Amends Section 7A-27 To (Mostly) Fix The Jurisdictional Problems Created By The Business Court Modernization Act
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
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,
Continue Reading The Writ of Certiorari—A Somewhat Less Powerful Tool?
Way back in January, a bill was introduced that would have “restore[d] partisan statewide judicial elections.” That is, the bill would have required Court of Appeals and Supreme Court
Continue Reading Eleventh-Hour Bill Could Add Partisan Labels on Ballots for Candidates for Court of Appeals
The “automatic stay” statute seems simple enough at first glance. “When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon
Continue Reading Change to Automatic Stay Statute Portends Future Appellate Rules Fixes
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
Continue Reading Governor expected to sign bill providing direct appeal to Supreme Court from North Carolina Business Court decisions
Friday I blogged about a proposal to expand the Supreme Court’s mandatory appellate jurisdiction in Business Court cases. The General Assembly is apparently seeking more changes for our state judiciary–including
Continue Reading Are Even More Legislative Changes In Store for Our Appellate Courts?