Mike Robinson Nominated to Become Fourth Business Court Judge

It took a couple of months longer than we forecasted, but the Governor has announced his nomination of Mike Robinson to join our flagship Business Court, increasing to four the number of active judges who... Read More

How to Win (and Keep) an Attorneys’ Fees Award

In its most recent batch of opinions, the North Carolina Court of Appeals reminded the bar once again what must be included in a trial court order awarding attorneys’ fees. In Brown’s Builders Supply... Read More

Like It’s Going Out of Style

One of the most useful resources for appellate lawyers just got even better. The Appellate Style Manual, published by the state bar association’s Appellate Rules Committee, has for years been an... Read More

Seven Year Itch: Seven Years of Court of Appeals Opinions Applying Dogwood v. White Oak

On March 7, 2008, the North Carolina Supreme Court issued Dogwood Dev. & Mgmt. Co., LLC v. White Oak Transp. Co.,  probably the most important appellate rules opinion of its time.  We have, over the... Read More

Amicus Input at the Petition Stage: Does the Supreme Court Want It?

There is an unwritten rule regarding the Supreme Court of North Carolina’s willingness to consider amicus input:  Amicus briefs are welcomed during briefing on the merits, but the Court does not want... Read More

NC Supreme Court to Address whether Auditors Owe Fiduciary Duties to Clients

The North Carolina Supreme Court agreed Friday to review a Court of Appeals decision that raised concerns among North Carolina accountants over their ability to perform independent audits in conformity with... Read More

Somewhat Less Surprising Sanctions

In the decisions released by the Court of Appeals two weeks ago, there were a number that included the Court sanctioning parties for failing to adhere to the North Carolina Rules of Appellate Procedure. My... Read More

Appellate Brief Brevity and Success On Appeal?

“Brevity is appreciated.”  “A short brief can be very effective.” How many times have you heard appellate judges make statements like this about appellate briefs?  While I can most... Read More

Somewhat Surprising Sanctions

After Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations. However, that reluctance does not give carte blanche to appellate practitioners, as the Court of Appeals... Read More

A Rose By Any Other Name: Court of Appeals Looks Past Label on Rule 12 Motion in Search for Substantial Right

Take a glance at the Table of Contents of the Appellate Rules Committee’s invaluable “Guide to Appealability of Interlocutory Orders.” The Guide sets forth the many, many categories of orders... Read More

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