Last week the North Carolina Court of Appeals dismissed an appeal based on what it described as “substantial noncompliance” with the appellate rules. The dismissal in Smith v. North Carolina Department of... Read More
Most appellate questions are decided by a panel of jurists, from the “three-judge panel” ubiquitous in our state and federal intermediate courts to the larger bodies common at the highest courts. ... Read More
The North Carolina Rules of Appellate Procedure were changed in 2013 to provide an appellant with a guaranteed right to a reply brief, whereas earlier versions of the Rules allowed a reply brief only in... Read More
Who is the target audience of an appellate opinion? Appellate counsel? Other lawyers? The public?
For appellate counsel, of course, the written opinion serves to explain the reasoning behind the... Read More
Last Friday, the Supreme Court of North Carolina issued a number of opinions. One of the most notable was State v. Stubbs. In that case the Court addressed whether the Court of Appeals has subject matter... Read More
How is that possible? The scenario is actually quite simple:
Timely Filed Notice of Appeal + Timely Date on Certificate of Service + Untimely Postmark Date.
Rule 3(a) of the North Carolina Rules of... Read More
Who has the right to control environmental commissions in North Carolina–the Governor, or the Legislature?
That is the central question in a lawsuit filed by current and former Governors McCrory, Hunt,... Read More
The North Carolina Court of Appeals has long required a showing of good cause before granting a motion that requests additional time in which to file an appellate brief. This is a higher standard than, say,... Read More
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
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