Special Appellate Considerations for Parties Who have Experienced a Mistrial and a Retrial
New Appellate Rules Have Taken Effect — Now, How to Use Them to Your Advantage
Appeal Interlocutory Order to Preserve Rights? Yes, Sometimes.
Practitioners familiar with the general rule that only final judgments can be appealed might be surprised that litigants must sometimes appeal an interlocutory order to preserve their rights. This dynamic... Read MoreDon’t Forget the Findings of Fact
Savvy appellate practitioners know that the appeal process should start long before a party files a notice of appeal. One of the early considerations should be the order or judgment that is entered by the... Read More
Posted by Matt Leerberg on Apr 2nd, 2013 in Attorneys' Fees, Interlocutory Appeals, NC Court of Appeals, North Carolina Supreme Court, Petitions for Discretionary Review | 0 comments
“Not a Model of Clarity”: When a Pending Motion for Attorneys’ Fees Prevents an Immediate Appeal
Posted by Patrick Kane on Mar 20th, 2013 in Appellate Rules Violations, NC Court of Appeals, Notice of Appeal | 4 comments
Brevity is the Soul of Wit, Not the Soul of a Successful Appeal
N.C. State Bar v. Buford I. Appeal A. Rule 28(b)(6) B. Deemed Abandoned. II. Cross-Appeal A. Rule 13(c) B. Deemed Abandoned. III. Conclusion:... Read MoreWinning Without Remand: Supreme Court Declares 59,900% Tax Increase Unconstitutional
Sometimes an appellant merely seeks reversal of a trial court’s decision. However, appellants should also remember that an appellate court will, on occasion, reverse a lower court and decide the case on its... Read MoreInteresting Article on Legal Writing-Do You Agree With the Author?
http://lawyerist.com/face-it-bad-legal-writing-wastes-money/ Read MoreUseful Lessons From A Rule 3.1 Case
Rule 3.1 juvenile abuse and neglect matters are some of the most difficult appeals to litigate. Along with administrative agency appeals under Appellate Rule 18, juvenile cases under Rule 3.1 have their own... Read MoreSupreme Court Issues Modest Changes to Appellate Rules
It’s official. For the first time since the major edits of 2009, the Supreme Court has revised the North Carolina Rules of Appellate Procedure. While there is no change as momentous as, say, the... Read More
Members of Smith Moore Leatherwood's Appellate Practice Group include former appellate judges and law clerks, leaders in the appellate bar and members of the North Carolina Bar Association's Appellate Rules Committee who monitor developments regarding and recommend changes to the North Carolina Rules of Appellate Procedure, and members who are listed among the Best Lawyers in America® in appellate law. MORE...