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
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The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?
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…
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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,…
Continue Reading A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
Attention All You “Times New Roman” Fans
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…
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Ehrenhaus Is Here To Stay
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…
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Dismissal After Diligent (but Failed) Attempt to Get Transcript
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 …
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Timely Filed Notice of Appeal Dismissed as Untimely
How is that possible? The scenario is actually quite simple:
Timely Filed Notice of Appeal + Timely Date on Certificate of Service + Untimely Postmark Date…
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Appellate Procedure and Preservation of Errors: They Matter!
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…
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Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)
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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