Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For
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Notice of Appeal
Did the Business Court Modernization Act Leave Unintended Appellate Jurisdiction In the North Carolina Court of Appeals?
By Matthew Nis Leerberg on
For Business Court cases designated on or after October 1, 2014, the Business Court Modernization Act sends all appeals to the Supreme Court of North Carolina.
Citation to Legal Authority: What is Required to Comply with Appellate Rule 28(a)?
By Beth Scherer on
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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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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An Interlocution on Interlocutory Orders
By Kip D. Nelson on
Appellate practitioners are undoubtedly familiar with the general rule that “there is no right of immediate appeal from interlocutory orders.” Goldston v. Am. Motors Corp., 326 N.C. 723, 725,…
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Be Careful What You [Object] For
By Kip D. Nelson on
The concept of waiver is fairly straightforward and can generally be summed up by the adage “use it or lose it.” But when it comes to appellate practice, the concept…
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A Tale of Two Filing Requirements: Business Court Issues Second Opinion Dismissing Appeal For Failure To Comply With Appellate Rule 3’s Filing Requirements
By Beth Scherer on
Approximately two months ago, I blogged on the Business Court’s dismissal of an appeal not filed with the Business Court by the 5:00 p.m. notice of appeal deadline. On Tuesday,…
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Notice of Appeal Perils: Further Proof that You Should Ignore Appellate Rule 3(c)(2)
By Beth Scherer on
Ignore that Rule of Appellate Procedure! How often do you hear me say that? I would wager not often, but the Court of Appeals’ recent opinion in Magazian v. Creagh…
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Business Court Dismisses Appeal As Untimely: Why Your Business Court Filing Deadline Is Really 4:00 p.m.
By Beth Scherer on
Editor’s Note: The Business Court adopted a new set of Rules, effective January 1, 2017 to all cases. The case below was decided under the old Business Court Rules. …
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By The Numbers: Likelihood of Reversal in the Fourth Circuit and the North Carolina Court of Appeals
By Beth Scherer on
Jerry Hartzell recently published an article in the April 2014 issue of the North Carolina Advocates for Justice’s Trial Briefs. The article is entitled “Probability of Success on…