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When Do Appellate Rules Violations Rise To The Level Of Jurisdictional Requirements?

The Supreme Court stated in Dogwood v. White Oak, 362 N.C. 191, 657 S.E.2d 361 (2008), that noncompliance with nonjurisdictional rules normally should not lead to the dismissal of an appeal.  The Dogwood Court also stated that the requirements of Appellate Rule 28(b), which govern the content of an appellant’s brief, are generally nonjurisdictional.  Nonetheless, in Edwards v. Foley the Court of Appeals held that the appellants’ failure to

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The Court of Appeals Again Recognizes the Trial Court’s Jurisdiction to Decide the Appealability of Interlocutory Orders When Deciding Whether the § 1-294 Stay Applies

Generally speaking, an appeal stops all proceedings at the trial court level until the appeal concludes. However, as we have previously blogged (here, here, here, and here), there are limited circumstances where a trial court may move forward with a case during the pendency of an appeal.  In Plasman v. Decca Furniture (USA), Inc., the North Carolina Court of Appeals once again recognized a trial court’s authority to determine whether

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Eastward Bound: Supreme Court To Hold Oral Arguments In Edenton Tomorrow; Supreme Court Begins Issuing “Press Summaries” Of Its Opinions

In May 2016, we reported how the Supreme Court of North Carolina held oral argument in Morganton, North Carolina for the first time in over a hundred years.  A year later, eastern North Carolina is getting its own Supreme Court visit. On Tuesday, May 9 (tomorrow) the Supreme Court will hear oral argument in two cases at Edenton’s Historic Chowan County Courthouse: one at 9:30 a.m. and another at

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Between a Rock and a Hard Place: Court of Appeals Requires In Camera Materials Be Included in the Record on Appeal

What should you do if your client has documents that you contend should not be disclosed to the other side but the trial court orders their disclosure? What if the trial court orders the documents to remain confidential but opposing counsel wants to challenge that decision on appeal? Can an appellate court review the propriety of a disclosure order without reviewing the documents themselves? And if not, how do

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Judge Andre Davis Leaving The Fourth Circuit

In a surprise announcement, Fourth Circuit Judge Andre Davis is leaving the court.  Judge Davis will become Baltimore City ‘s new Solicitor General on September 1, 2017.  Having already heard his last oral argument, Judge Davis will be working over the summer to finish up cases previously assigned to him.   Because Judge Davis had previously taken senior status, his resignation will not create a new vacancy on the Fourth Circuit.

As a gifted legal writer and long-time champion of civil rights, Judge Davis will be missed on the Fourth Circuit.  (Check out the Maryland Appellate Blog’ s tribute to Judge Davis, which includes excerpts from some of his greatest hits.)  However, Judge Davis will bring leadership and direction to a city–and a legal department–that has been in the news over the the past few years.

We  thank Judge Davis for his long-time service to the federal judiciary and wish him well in his new endeavor.


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Initial En Banc Review Not the Only Unique Part of Fourth Circuit Hearing on Revised Travel Ban

As we discussed recently on this blog, the Fourth Circuit took the unusual step of ordering initial en banc review of President Trump’s revised federal travel ban.  But not only is the Court hearing the case en banc, it is also planning to allow the audio of the May 8 hearing to be broadcast in real time on C-SPAN.  This is, I believe, a first for the Fourth Circuit,

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