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
Continue Reading Law Clerk Wanted: North Carolina Court of Appeals
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
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…
Continue Reading Law Clerk Wanted: North Carolina Court of AppealsYour 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 WednesdayBefore 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. …
Continue Reading Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
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?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. …
Continue Reading There’s No Appeal Without the Right to Appeal
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 ItWriter 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 AppealThe 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)Court of Appeals Petition Rulings Unmasked…
Continue Reading Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later
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…
Continue Reading ANOTHER SMORGASBORD OF OPINIONS FROM THE COURT OF APPEALS