Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized
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New Trial
At Long Last: Discussion of an Appeal from Small Claims Court
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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Bell v. Martin, 35 Years Later
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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No objection, No problem: Court of Appeals grants new trial on ground not raised by trial counsel
As a general rule, an appellate issue is only preserved if you first object before the trial court. N.C. R. App. P. 10(a)(1). The Court of Appeals reminded us…
Continue Reading No objection, No problem: Court of Appeals grants new trial on ground not raised by trial counsel