Dismissal After Diligent (but Failed) Attempt to Get Transcript

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

Collaborative Decision-Making, at the District Court Level

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

Reply Briefs: Who Has the Final Word?

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

In Praise of Plain Speak

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

Supreme Court of North Carolina Amends Appellate Rule 21

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

Timely Filed Notice of Appeal Dismissed as Untimely

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

No Shorts Allowed: Supreme Court to Convene Special Mid-Summer Session to Hear Governors’ Lawsuit Against General Assembly

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

Court of Appeals Increases Scrutiny of Motions for Extension of Time

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

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

« Previous Entries

© 2015 Smith Moore Leatherwood LLP | All rights reserved.