Last week’s batch of opinions from the Court of Appeals includes a procedurally complicated case in which the court granted a writ of certiorari–only to dismiss a large portion of the appeal “as untimely and interlocutory.”  The opinion shines light on several faulty presumptions that can trip up an appeal. Intrigued?  Read on.

In Engility v. Nell, the defendants sought review of two orders:  (1) a February 2017 order granting a motion to quash and imposing sanctions, and (2) a Rule 60 order denying relief as to the February 2017 order because the defendants contended that they had not received adequate notice and an opportunity to be heard on the motion to quash.… Continue Reading

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.  For more on how the new rules treat timely filing, click here.

Yesterday, Mack Sperling posted on his first-rate North Carolina Business Litigation Report Blog about an appeal that was dismissed by the Business Court as untimely. … Continue Reading