Trigger warning: this post may cause appellate lawyers to have nightmares.
There has been a spate of technical glitches on the user side lately that caused critical notices from the
Continue Reading Users’ Spam Filters Are Blocking Some Calendar Notices from North Carolina’s 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 Appeals
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
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.
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 It
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
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)
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