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Mike Morgan Joins the Supreme Court

Newly elected  Mike Morgan was officially installed as the newest associate justice of the Supreme Court of North Carolina in a ceremony held yesterday in Raleigh.  Justice Morgan will take his seat in the junior associate spot, the furthest to the right when facing the bench.

More information about and pictures from the event can be found here.


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A Lesson in Helping Verbs: When You May, Might, or Must Appeal

In its final set of opinions from 2016, the North Carolina Court of Appeals provided some helpful reminders for appellate practitioners.

1. Unless some other exception applies, you may appeal from an interlocutory order only if it affects a substantial right. In Pass v. Brown, the Court reminded us that an appellant must identify a substantial right affected by each issue, not by an immediate appeal as a whole. Despite

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Highlights of 2016 Appellate Rules Amendments

Last week, we noted here and here that the Supreme Court had adopted amendments to the Appellate Rules. The two biggest changes were the adoption of new en banc Rule 31.1 and the modified font rules under Appellate Rules 26 and 28 and Appendix B, which we blogged about in earlier posts.

The remaining changes appear to be technical amendments designed to clarify ambiguities in the rules or to

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Ready, Set, Go: Issues of Appellate Practice and Procedure Begging for En Banc Review?

The Court of Appeals’ opinions from two weeks ago contain a hodgepodge of appellate nuggets that could not be ignored–despite the hustle and bustle of the impending holidays and the last two days excitement over breaking Supreme Court news.

Tetra Tech Tesoro, Inc. v. JAAAT Tech. Servs., LLC

First, We told you months ago that filing a Rule 59 motion after anything other than a trial can be dangerous.  That advice

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Breaking News: New En Banc Rule 31.1 Adopted By Supreme Court

The Supreme Court of North Carolina just adopted new Appellate Rule 31.1  entitled “Motions for En Banc Consideration by the Court of Appeals.”

While I am still digesting this rule, I noticed that Rule 31.1(d) states that the denial of a motion for rehearing en banc “will trigger the time for taking an appeal of right to the Supreme Court” or “filing a petition for discretionary review.” However, Rule

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Breaking Appellate and Business Court News Day In The North Carolina Supreme Court

Today, the Supreme Court issued its final batch of opinions and two sets of rules amendments for 2017.  We will bring you more information in the days that come, but below are some of the highlights.
New Year, New Rules:  North Carolina Rules of Appellate Procedure amended and recodified effective 1 January 2017.
A new set of Appellate Rules will reign in the New Year. There are many revisions

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