You Can’t Have One Without The Other: Court of Appeals Dismisses Notice of Appeal That Designates Interlocutory Order But Not Final Judgment

The state appellate rules are clear: your notice of appeal must “designate the judgment or order from which appeal is taken.”  N.C. R. App. P. 3(d).  So, if you want to appeal an interlocutory order, you... Read More

Give The Court Notice Of Additional Authority, But Not Much More

When you are waiting on an decision from the North Carolina Court of Appeals, if you are like me, you anxiously scour the new opinions every other Tuesday morning.  And on such occasions, the next best thing... Read More

Should Supreme Court Allow Immediate Appeal from Business Court Orders Turning on Debatable Controlling Issues of Law?

Our state appellate system allows for appeals from final judgments, appeals from interlocutory orders that affect a substantial right, and appeals from orders that are final as to one claim or party if the... Read More

Court Enforces Exception to the American Rule on Attorneys’ Fees

It’s a rule familiar to all litigants – one that probably discourages some plaintiffs from pursuing well-founded cases where judgment is likely to be expensive and that frustrates many a defendant dragged... Read More

J. Bryan Boyd Announced as New Clerk of Supreme Court of North Carolina

Last year, we reported that long-time Supreme Court Clerk of Court, Christie Cameron Roeder, was retiring in June 2016.  Since that time, the Supreme Court has been on the hunt for the next Clerk of the... Read More

What’s Behind the Sharp Rise in Dissents in the North Carolina Court of Appeals?

A dissenting opinion from the North Carolina Court of Appeals goes a long way. Unlike the procedures in many other jurisdictions, a single judge on our intermediate appellate court can create an automatic... Read More

Dram Shops, Fish, Dogs, and Opossums: Appellate Jurisdiction Edition

When reading through recent batches of opinions from the North Carolina Court of Appeals, you may notice a new feature: a statement regarding the Court’s jurisdiction. While such a statement is required in... Read More

NCBA/FBA Appellate Social, April 14

The North Carolina Bar Association’s Appellate Practice Section and the EDNC Chapter of the Federal Bar Association are teaming up to sponsor an appellate social next Thursday, April 14, upstairs at... Read More

Justice Edmunds to Face Primary After All

Mark your calendars:  Justice Edmunds, Associate Justice on our Supreme Court, will face a primary challenge after all–on June 7. Last June, the governor signed a bill that allows sitting Supreme Court... Read More

Court of Appeals Holds (Twice) That Appealing to the Wrong Appellate Court is a Fatal Jurisdictional Flaw

Last week, the North Carolina Court of Appeals dismissed, apparently sua sponte, an appeal from a Business Court decision because the appeal should have been filed in the Supreme Court of North Carolina under... Read More

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