How exactly can a client recover for attorney’s fees expended on appeal? The Court of Appeals provided some clarity on this question today, at least in the family law context.
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Just the Facts: If It Isn’t in the Record, You Can’t Talk About It
Can’t you squeeze a few extra facts into your appellate brief to make sure the Court of Appeals understands the flavor of the case? The Court would surely excuse you
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An Independence Day Walk Down Memory Lane and a Lesson on Patience Tested: Court of Appeals Issues Opinion Reminding Practitioners That Dismissals for Appellate Rules Violations Are Alive and Well
Some moments will stick in your head forever. The birth of a child. The Challenger shuttle disaster. September 11th. President Kennedy’s assassination.
Ironically (and perhaps a little pathetically), “special” moments
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Dismissal after Dogwood: The Perils of Proceeding Pro Se
As seasoned appellate lawyers know, there was a time when appeals were regularly dismissed for technical violations of the Appellate Rules. Specifically, after the North Carolina Supreme Court’s decision in
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Today’s Court of Appeals Opinions: Three Ways to Avoid Dismissal of an Appeal
1) Have a right to appeal
In re P.K.M. involved a juvenile delinquency proceeding against a twelve-year-old boy who moved to suppress incriminating statements he had made to an investigating
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It’s Better to Avoid Trouble in The First Place: Tips for Avoiding Problems on Appeal
Rather than focusing on one opinion, today’s blog post extracts tips from several Court of Appeals’ opinions issued today. First stop: the record on appeal. There are certain documents which
What Starts In Color, Does Not Always Stay In Color. A Practical Tip on Handling Color Documents, Photos, and Exhibits in North Carolina’s State Appellate Courts.
The problem: You spent a little extra money on color photos, maps, or exhibits before the trial court. You felt like you had no choice—those exhibits are incomprehensible in black
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Damned If You Do, Damned If You Don’t: “Necessary” Documents, Filed Stamps, Premature Notices Of Appeal, And “Bare Bones” Rule 59 Motions.
Keeping up with the latest interpretations of substantive law in published opinions is hard enough. But when procedural dismissal of your appeal is at stake, you are well-advised to scour
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What’s in a date stamp? How little rules can cause big problems
Whether you rarely practice in the North Carolina appellate courts or have a copy of the Appellate Rules tabbed, highlighted, and scribbled-upon, you have likely heard that there are many
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Trick or Treat: Court of Appeals Serves Up A Grab Bag of Appellate Rules Goodies
Family law appellate practitioners have one of the most difficult jobs in the bar. They have to master the complicated family law statutes and the quirks of District Court practice,
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