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When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (State Edition)

A few weeks ago, the North Carolina Court of Appeals in Connor v. Connor rejected an argument that a notice of appeal signed by a pro se litigant was defective under Appellate Rule 3(d) “and thus did not confer jurisdiction.”  Appellate Rule 3(d) states that a notice of appeal must “be signed by counsel of record of the party or parties taking the appeal[] or by any such party not …Read More

When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (Federal Edition)

In light of Matt’s post from yesterday, does anyone perceive an uptick in dismissals of appeals for notice of appeal problems? Are North Carolina lawyers unique in their propensity to screw up notices of appeal?  Are dismissals for notice of appeal violations common in other appellate systems?  Let’s say, for instance, the federal appellate courts?  If not, why?  Matt and I have been discussing and debating these questions for a few months.  Yesterday’s Business Court dismissal prompted me …Read More

Trump Nominates Two New Fourth Circuit Judges

The President issued a thirteenth wave of federal judicial nominations on Thursday, including two new Fourth Circuit nominations:  Marvin Quattlebaum and Jay Richardson, both from South Carolina. The White House Press Release had this to say about Judge Quattlebaum, who joined the federal district court bench only a few weeks ago: If confirmed, A. Marvin Quattlebaum, Jr., of South Carolina will serve as a Circuit Judge on the U.S. Court of Appeals for the …Read More

Failure To Include “Magic Words” In Rule 54(b) Certified Order Not Necessarily Fatal

Under Civil Procedure Rule 54(b), a trial court “may enter a final judgment as to [fewer] than all the claims [ ] only if there is no just reason for delay and it is so determined in the judgment.” N.C. R. Civ. P. 54(b) (emphasis added). Some opinions suggest that failing to include the “magic words” that there is “no just reason for delay” in the Rule 54(b) certification order …Read More

File-Stamp Not Dispositive As To When Notice Of Appeal Was Filed

Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3.  But is the file-stamp on that notice of appeal unassailable?  On Wednesday, the North Carolina Business Court answered that question in the negative. In Azure Dolphin LLC v. Barton, the deadline for filing the notice of appeal was 1 November 2017. The notice of appeal filed in …Read More

Supreme Court Amends Appellate Rules Governing Amicus Briefs, Secure Leave, and Oral Argument

On Friday, the Supreme Court of North Carolina amended Rules 28, 29, and 33.1 of the North Carolina Rules of Appellate Procedure.  While the most significant changes involve amicus curiae briefs, the Supreme Court also took a baby step into the world of mandatory appellate e-filing.  A summary of the changes—including my initial thoughts on different features of and questions that could arise under the amendments—follows. Amicus Briefs Amicus curiae …Read More

School of Government Releases Updated Resources for 3.1 Cases– Plus a Biddix/Stubbs Update!

The UNC School of Government recently released an updated manual on abuse, neglect, dependency, and termination of parental rights.  The online version of the updated manual is located here.  Chapter 12 addresses appeals and is a must read for those working in this area of appellate practice.  For more information on the manual and its purpose, see the School of Government’s blog post found here.  I also have an update on an issue that we …Read More

Where’s (Judge) Waldo?–The Role of Substitute Judges under the Appellate Rules and Rules of Civil Procedure

Imagine that Judge Waldo has orally ruled against your client.  A proposed written order has been submitted by the parties to the trial court.  You are gearing up for an appeal.  However, before a written order is entered, Judge Waldo wins the lottery and immediately retires to explore the world.  Can another trial court judge sign the proposed order?  Can a substitute judge rule on a new trial motion? Ann Anderson …Read More

Help Wanted: Office of the Appellate Defender Adding to Its Indigent Appeals Roster

Good appellate lawyers are in demand. The Appellate Defender is looking for a few good appellate attorneys to add to the Office of the Appellate Defender’s appointed appellate counsel roster.   Interested applicants can find information and the roster application here. Good writing skills and the ability to spot issues are essential. Although criminal litigation experience is helpful, it is not required.  The Office of the Appellate Defender provides free training …Read More