As you likely know, our Court of Appeals stays quite busy. That is no less true now, with the 2023-24 term in full swing. Many folks–from the clerk’s office to
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Judge Riggs Appointed on Monday; Issues COA Opinions on Tuesday; On Supreme Court Bench Wednesday
Your future hasn’t been written yet. No one’s has. Your future is whatever you make it. So make it a good one.
– Doc Brown, “Back To The Future”
On
Continue Reading Judge Riggs Appointed on Monday; Issues COA Opinions on Tuesday; On Supreme Court Bench Wednesday
Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine.
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When an appeal becomes moot, should the lower court opinion be vacated?
In a short order issued last week, the North Carolina Supreme Court narrowly voted to vacate a Court of Appeals’ opinion in connection with dismissing an appeal on mootness grounds.
Continue Reading When an appeal becomes moot, should the lower court opinion be vacated?
There’s No Appeal Without the Right to Appeal
In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the appellate courts.
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Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory
Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It
Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal
Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.” Today’s
Continue Reading Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal
School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals
Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later
Court of Appeals Petition Rulings Unmasked
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ANOTHER SMORGASBORD OF OPINIONS FROM THE COURT OF APPEALS
On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove
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