Beth and Matt’s treatise, North Carolina Appellate Practice and Procedure, is finally available! Published by LexisNexis in both print and online versions, the treatise represents the culmination of
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North Carolina Rules of Appellate Procedure
Business Court Dismisses Appeal for Naming the Wrong Appellate Court
Except for appeals in really old cases, appeals from a final judgment entered by a Business Court judge are properly taken to the Supreme Court of North Carolina,…
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Update: Supreme Court Repeals Deadlock Rule
As we noted about a month ago, the Supreme Court of North Carolina passed a rule that would allow for a substitute justice to avoid a deadlock vote. That rule…
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Can You Restart the 30-Day Appeals Clock After Remand from Federal Court?
In federal court, an order granting a preliminary injunction is immediately appealable under 28 U.S.C. § 1292. In North Carolina courts, however, an order granting a preliminary injunction is…
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Who You Gonna Call? Appellate Practitioners Prepare For Retirement Of An Appellate MVP
[box] ♪♪ If there is something strange,
In your neighborhood,
Who you gonna call?
. . .
If there’s something weird
And it don’t look good,
Who you gonna call?
Citation to Legal Authority: What is Required to Comply with Appellate Rule 28(a)?
In March, we blogged about a chart summarizing post-Dogwood opinions involving appellate rules violations. Drew and Carrie may be adding another entry to their chart. In an opinion authored…
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Dismissal After Diligent (but Failed) Attempt to Get Transcript
Last week the North Carolina Court of Appeals dismissed an appeal based on what it described as “substantial noncompliance” with the appellate rules. The dismissal in Smith v. North Carolina …
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Timely Filed Notice of Appeal Dismissed as Untimely
How is that possible? The scenario is actually quite simple:
Timely Filed Notice of Appeal + Timely Date on Certificate of Service + Untimely Postmark Date…
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A Potential Pitfall of Incorporating by Reference
When it comes to briefing, we know we should be accurate, clear, and concise (and persuasive, of course). For many of us, brevity is the real challenge—a challenge word limitations…
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Appellate Procedure and Preservation of Errors: They Matter!
While reading through the latest batch of opinions from the North Carolina Court of Appeals, I was struck (again) by how often appellate cases are not decided on the merits…
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