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
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
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
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