Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions
Continue Reading Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.
So much of the law is geared towards addressing what happens when two black-letter principles apply simultaneously but point to different outcomes.
The Court of Appeals had to resolve just
Continue Reading Clash of the Titans: When Waiver and Subject-Matter Jurisdiction Collide
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?
I will note at the outset that our firm represented the property owners in this case. But aside from the substantive issues, the Supreme Court’s decision from last week in
Continue Reading Is “Failure To Preserve” An Issue That Must Be Preserved?
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
Continue Reading Be Careful What You [Object] For
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.
Continue Reading How to Improve Your Chances of Winning an Appeal