Is An Appeal “To Superior Court in the Nature of Certiorari” an Appeal, an Action, or Both?

When a local board of adjustment makes an adverse land-use decision on a landowner’s application for a conditional use permit or a variance, a special statute kicks in to dictate the procedures for seeking... Read More

Court of Appeals Affirms Jurisdictional Rules

The Court of Appeals issued an opinion today in three consolidated cases that affirms certain jurisdictional rules with respect to the timely noticing of an appeal.  The guidance provided by this case is of... Read More

Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing

Holidays, snowstorms, vacations, workloads—mixed in with the winter blahs—have resulted in us getting a little behind on our blogging duties. The appellate courts, however, have not suffered from the same... Read More

DRI Appellate Advocacy CLE: Scottsdale, AZ, Feb 10-12

Anyone else tired of the cold?  Come join me and other appellate practitioners from across the country in sunny Scottsdale, Arizona from February 10 through 12 at the “somewhat annual” DRI... Read More

Assistant Clerk of Court Position Added to North Carolina Court of Appeals

As we previously blogged about here, Dan Horne recently became the Clerk of the North Carolina Court of Appeals.  Before his promotion, Dan was serving in two positions–Administrative Counsel to the... Read More

The Writ of Certiorari: A Somewhat Less Powerful Tool (Part II)?

Sometimes the juiciest info is found in the comments.  In October, I blogged about State v. Biddix—a Court of Appeals’ opinion that appeared to significantly limit the Court of Appeals’ certiorari... Read More

Four North Carolina Court of Appeals seats to be contested in 2016 General Election

Four sitting Court of Appeals judges will face challengers for their seats in November 2016.  With the filing period now closed, the stage is set.  There are two candidates for each of the four open seats. ... Read More

Wake County Lawsuit Challenges Retention Election Statute

Back in June, we blogged about the passage of a new law that created “retention elections” for sitting justices on the Supreme Court of North Carolina. Justice Bob Edmunds is the first justice to be... Read More

Court of Appeals Reminds Parties to Act Fast If They Plan to Compel Arbitration

Arbitration has long been touted as a magic bullet that reduces the cost and time required to resolve business disputes and that alleviates the inherent unpredictability of litigation.  (Whether arbitration... Read More

General Assembly Amends Section 7A-27 To (Mostly) Fix The Jurisdictional Problems Created By The Business Court Modernization Act

On September 15 of this year, we blogged about how the Business Court Modernization Act’s amendment to N.C. Gen. Stat. § 7A-27 appeared to create concurrent jurisdiction in the Supreme Court of North... Read More

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