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,
Continue Reading Bell v. Martin, 35 Years Later
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By The Numbers: Likelihood of Reversal in the Fourth Circuit and the North Carolina Court of Appeals
By Beth Scherer on
Jerry Hartzell recently published an article in the April 2014 issue of the North Carolina Advocates for Justice’s Trial Briefs. The article is entitled “Probability of Success on…
Trial Judge Denies Your For-Cause Challenge to a Potential Juror — Good Luck Challenging That
By Fox Rothschild LLP on
As the Honorable Mark A. Davis recently reminded us in his CLE program entitled Do’s and Don’ts at the Court of Appeals: A View from the Bench: “Appellate judges…
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Alternative Requests for Relief – Reasonable or Risky Business?
By Fox Rothschild LLP on
Thinking about proposing an alternative request for relief, asking for a clean win but informing the court that you would settle for lesser relief “in the alternative”? What about saving…
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Nothing “Substantial” About an Amended Summons
By Fox Rothschild LLP on
Trying to convince the Court of Appeals that a substantial right exists which warrants the immediate appeal of an interlocutory order is no easy feat, and the Court’s decision today…
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Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
By Beth Scherer on
The North Carolina Court of Appeals decision in Hammond v. Saini arises from a horrific set of facts. Plaintiff underwent a surgical procedure to remove a potentially cancerous growth from…
Continue Reading Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
State v. Bowden: The Law Trumps Public Outcry
By Patrick M. Kane on
The Court of Appeals ruled Tuesday in State v. Bowden that a man convicted of first degree murder and sentenced to life in prison be released after serving 38 years…
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“Last in Time” May Not Be the Rule for Conflicting Lines of Cases
By Fox Rothschild LLP on
What do civil practitioners need to know about today’s opinion on probation revocation appeals? Simply this: When faced with potentially conflicting opinions from the North Carolina Court of Appeals, earlier…
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Pendent Appellate Jurisdiction, Not So Clear-Cut
By Fox Rothschild LLP on
Will the North Carolina Court of Appeals hear every issue an appellant raises in an interlocutory appeal, or limit its review to core questions affecting a substantial right? Our Court…
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Everything’s Not Lost – How to Potentially Fix an Oversight in Noticing an Appeal
By Patrick M. Kane on
Many of our posts since we launched this blog have focused on the importance of paying attention to and timely following the Rules of Appellate Procedure, lest you find yourself…
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