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When Do Appellate Rules Violations Rise To The Level Of Jurisdictional Requirements?

The Supreme Court stated in Dogwood v. White Oak, 362 N.C. 191, 657 S.E.2d 361 (2008), that noncompliance with nonjurisdictional rules normally should not lead to the dismissal of an appeal.  The Dogwood Court also stated that the requirements of Appellate Rule 28(b), which govern the content of an appellant’s brief, are generally nonjurisdictional.  Nonetheless, in Edwards v. Foley the Court of Appeals held that the appellants’ failure to include …Read More

Eastward Bound: Supreme Court To Hold Oral Arguments In Edenton Tomorrow; Supreme Court Begins Issuing “Press Summaries” Of Its Opinions

In May 2016, we reported how the Supreme Court of North Carolina held oral argument in Morganton, North Carolina for the first time in over a hundred years.  A year later, eastern North Carolina is getting its own Supreme Court visit. On Tuesday, May 9 (tomorrow) the Supreme Court will hear oral argument in two cases at Edenton’s Historic Chowan County Courthouse: one at 9:30 a.m. and another at 11:00 …Read More

Judge Andre Davis Leaving The Fourth Circuit

In a surprise announcement, Fourth Circuit Judge Andre Davis is leaving the court.  Judge Davis will become Baltimore City’s new Solicitor General on September 1, 2017.  Having already heard his last oral argument, Judge Davis will be working over the summer to finish up cases previously assigned to him.   Because Judge Davis had previously taken senior status, his resignation will not create a new vacancy on the Fourth Circuit. As a gifted legal writer …Read More

Fourth Circuit May Conduct Initial En Banc Review of Revised Federal Travel Ban

Since December 2016, we have been monitoring the status of the North Carolina Court of Appeals’ new en banc authority.  Several motions for en banc review have been filed, but to our knowledge, the North Carolina Court of Appeals has not yet accepted a case for en banc review. Not to be outdone, the Fourth Circuit is generating its own en banc buzz. The Fourth Circuit has long had the authority to hear cases en banc.  En …Read More

Court of Appeals Calendared Fewer Cases in 2016

A few months ago, Matt shared Kenzie Rakes’s 2015 statistics on the frequency of oral arguments in the Court of Appeals.   Now that 2016 is behind us, Kenzie has crunched some updated numbers on her blog, www.ncappellatestats.com. The chances of a case being orally argued essentially held steady from 2015 to 2016 (14% versus 12%).   However, the Court of Appeals calendared approximately 16% fewer cases for decision (i.e., with or without oral argument) in 2016 than it did in either 2014 or 2015.  [Note: …Read More

Updated Guide to Appealability of Interlocutory Orders Published

Earlier this month, the NCBA’s Appellate Rules Committee updated its Guide to Appealability of Interlocutory Orders. The publication provides an excellent starting point for determining when you can appeal interlocutory orders.  The Guide to Appealability–along with the Committee’s several other publications–are indispensable tools for both new and seasoned appellate practitioners. Links to the most current versions of the Committee’s publications can be found on this blog’s Practice and Resources page, as well as the Appellate Rules Committee’s website. …Read More

Highlights of 2016 Appellate Rules Amendments

Last week, we noted here and here that the Supreme Court had adopted amendments to the Appellate Rules. The two biggest changes were the adoption of new en banc Rule 31.1 and the modified font rules under Appellate Rules 26 and 28 and Appendix B, which we blogged about in earlier posts. The remaining changes appear to be technical amendments designed to clarify ambiguities in the rules or to bring …Read More

Ready, Set, Go: Issues of Appellate Practice and Procedure Begging for En Banc Review?

The Court of Appeals’ opinions from two weeks ago contain a hodgepodge of appellate nuggets that could not be ignored–despite the hustle and bustle of the impending holidays and the last two days excitement over breaking Supreme Court news. Tetra Tech Tesoro, Inc. v. JAAAT Tech. Servs., LLC First, We told you months ago that filing a Rule 59 motion after anything other than a trial can be dangerous.  That advice still …Read More

Breaking News: New En Banc Rule 31.1 Adopted By Supreme Court

The Supreme Court of North Carolina just adopted new Appellate Rule 31.1  entitled “Motions for En Banc Consideration by the Court of Appeals.” While I am still digesting this rule, I noticed that Rule 31.1(d) states that the denial of a motion for rehearing en banc “will trigger the time for taking an appeal of right to the Supreme Court” or “filing a petition for discretionary review.” However, Rule 31.1(e) …Read More

Breaking Appellate and Business Court News Day In The North Carolina Supreme Court

Today, the Supreme Court issued its final batch of opinions and two sets of rules amendments for 2017.  We will bring you more information in the days that come, but below are some of the highlights. New Year, New Rules:  North Carolina Rules of Appellate Procedure amended and recodified effective 1 January 2017. A new set of Appellate Rules will reign in the New Year. There are many revisions that …Read More