In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general
Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the
Continue Reading At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal Cases
For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or
Continue Reading What Rulings Should You Include in a Notice of Appeal?
This week, the Court of Appeals added some nuance to an issue that has plagued appellants for many years: the calculation of the appeal period when a judgment is not
Continue Reading The Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to Appeal
As noted yesterday, the Supreme Court has been busy. Need further proof? How about the fact that the Supreme Court considered 279 “other matters” on Friday— a category
Continue Reading Taking Care of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based on Purported Signatory Defect in Notice of Appeal
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,
Continue Reading Business Court Dismisses Appeal for Naming the Wrong Appellate Court
Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3. But is the file-stamp on that notice
Continue Reading File-Stamp Not Dispositive As To When Notice Of Appeal Was Filed
One sentence of Rule 3(c) of the North Carolina Rules of Appellate Procedure provides: “If timely notice of appeal is filed and served by a party, any other party may
Continue Reading Which Orders Can Be Included In A Cross-Appeal?
A few months ago, I wrote about a case in which the Court of Appeals held that a notice of appeal was filed too early because the time period for
Continue Reading Court of Appeals Doubles Down on Deadlines: Notice of Appeal Really Can Be Filed Too Early
In its final set of opinions from 2016, the North Carolina Court of Appeals provided some helpful reminders for appellate practitioners.
1. Unless some other exception applies, you may appeal
Continue Reading A Lesson in Helping Verbs: When You May, Might, or Must Appeal