Yesterday’s blog post focused on how the Business Court Modernization Act only applies to “actions designated as mandatory complex business cases on or after” October 1, 2014. See Session Law
Continue Reading A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges
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The Writ of Certiorari—A Somewhat Less Powerful Tool?
By Beth Scherer on
Yesterday’s batch of opinions contained an unusual nugget: an entire opinion devoted to arguably the most powerful of all appellate tools, the writ of certiorari. In State v. Biddix, …
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Attention All You “Times New Roman” Fans
By Fox Rothschild LLP on
Judge Dietz shared an interesting brief-writing tip last night with The Chief Justice Joseph Branch Inn of Court. Go with a Century font over Times New Roman, and for any…
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Dismissal After Diligent (but Failed) Attempt to Get Transcript
By Fox Rothschild LLP on
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
By Fox Rothschild LLP on
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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Reviewing the Standard of Review
By Kip D. Nelson on
Under the North Carolina Rules of Appellate Procedure, an appellant’s brief must contain “a concise statement of the applicable standard(s) of review for each issue.” N.C. R. App. P. 28(b)(6).
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Trial Judge Denies Your For-Cause Challenge to a Potential Juror — Good Luck Challenging That
By Fox Rothschild LLP on
As the Honorable Mark A. Davis recently reminded us in his CLE program entitled Do’s and Don’ts at the Court of Appeals: A View from the Bench: “Appellate judges…
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Updated Appellate Rules Checklist
By Kip D. Nelson on
With the recent amendments to the appellate rules in April 2013, the Smith Moore Leatherwood Appellate Practice Group has updated its “North Carolina Rules of Appellate Procedure Checklist.” We publish…
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Don’t Forget the Findings of Fact
By Kip D. Nelson on
Savvy appellate practitioners know that the appeal process should start long before a party files a notice of appeal. One of the early considerations should be the order or judgment…
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Winning Without Remand: Supreme Court Declares 59,900% Tax Increase Unconstitutional
By Kip D. Nelson on
Sometimes an appellant merely seeks reversal of a trial court’s decision. However, appellants should also remember that an appellate court will, on occasion, reverse a lower court and decide the…
Continue Reading Winning Without Remand: Supreme Court Declares 59,900% Tax Increase Unconstitutional