Be Careful What You [Object] For

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 can have disastrous consequences.... Read More

Appealing an Award of Attorneys’ Fees and Costs before the Court Tallies the Charges

Last summer in Duncan v. Duncan, the Supreme Court of North Carolina issued a bright-line rule explaining that a pending attorneys’ fees motion does not bar an appeal of an order that otherwise decides all... Read More

Governor appoints Rich Dietz to North Carolina Court of Appeals

In the latest court appointment news, Governor McCroy has appointed Richard “Rich” Dietz to the North Carolina Court of Appeals seat being vacated by Judge Bob N. Hunter’s... Read More

Another Day, Another Appointment: Judge Lisa Bell Tapped as Caretaker for Chief Judge Martin’s Seat

As you know by now, 19 candidates are running to fill the vacancy on the North Carolina Court of Appeals created by the retirement of Chief Judge Martin.  On Friday, Governor McCrory chose a 20th person to... Read More

Governor appoints Judge Robert N. Hunter to North Carolina Supreme Court, creating opening on Court of Appeals

Earlier this week, we posted that Justice Mark Martin was being elevated to retiring Chief Justice Parker’s seat on September 1.  That means that Justice Martin’s associate justice seat will... Read More

Supreme Court Upholds Broad Waiver in Forbearance Agreement

When a borrower gets behind on payments to a lender, she is often given the chance to restructure that debt. After all, you can’t squeeze blood from a turnip. But such debt restructuring is often coupled... Read More

Mark Martin Named Next Chief Justice of the Supreme Court of North Carolina

Governor McCrory announced the coming appointment of Associate Justice Mark Martin to serve as the next Chief Justice of the Supreme Court of North Carolina on Monday.  The appointment begins upon Chief... Read More

Nineteen Vie for Single Court of Appeals Seat

Nineteen candidates have filed for the North Carolina Court of Appeals seat vacated by Chief Judge John Martin.  Yes, nineteen.  The list of candidates includes at least two former Court of Appeals judges... Read More

Law Expands Supreme Court Jurisdiction to Include Direct Appeals in Business Court Cases and from Orders Invalidating Acts of the General Assembly

The workload of the Supreme Court of North Carolina just increased substantially.  The governor’s office announced yesterday that he had signed Senate Bill 853, which strengthens our State’s... Read More

Governor expected to sign bill providing direct appeal to Supreme Court from North Carolina Business Court decisions

Yes, we are still an appellate blog.  The Business Court, however, has been particularly active in the appellate sphere these past few months.  As reported in June, the General Assembly has been considering... Read More

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