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
Continue Reading Court of Appeals Downsizing Bill Becomes Law & More Jurisdictional Changes for Supreme Court
Sometimes the juiciest info is found in the comments. In October, I blogged about State v. Biddix—a Court of Appeals’ opinion that appeared to significantly limit the Court of
Continue Reading The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?
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
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.
Judge Dietz shared an interesting brief-writing tip last night with The Chief Justice Joseph Branch Inn of Court. Go with a Century font over Times New Roman, and for any
Continue Reading Attention All You “Times New Roman” Fans
Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For
Continue Reading Ehrenhaus Is Here To Stay
Last week the North Carolina Court of Appeals dismissed an appeal based on what it described as “substantial noncompliance” with the appellate rules. The dismissal in Smith v. North Carolina
Continue Reading Dismissal After Diligent (but Failed) Attempt to Get Transcript
How is that possible? The scenario is actually quite simple:
Timely Filed Notice of Appeal + Timely Date on Certificate of Service + Untimely Postmark Date
Continue Reading Timely Filed Notice of Appeal Dismissed as Untimely
While reading through the latest batch of opinions from the North Carolina Court of Appeals, I was struck (again) by how often appellate cases are not decided on the merits
Continue Reading Appellate Procedure and Preservation of Errors: They Matter!
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
Continue Reading Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)