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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Alternative Requests for Relief – Reasonable or Risky Business?
Thinking about proposing an alternative request for relief, asking for a clean win but informing the court that you would settle for lesser relief “in the alternative”? What about saving
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How to Improve Your Chances of Winning an Appeal
1) Appeal from an order that can be appealed. The Court of Appeals reminded us today that interlocutory attorney fee awards are not immediately appealable. Cebula v. Givens Estates, Inc.
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Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
The North Carolina Court of Appeals decision in Hammond v. Saini arises from a horrific set of facts. Plaintiff underwent a surgical procedure to remove a potentially cancerous growth from
Continue Reading Medical Review and Attorney Privilege Issues are Immediately Reviewable, But Other Discovery Issues Are Generally Not
Getting Paid for Your Work: Attorney’s Fees on Appeal
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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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
Continue Reading 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