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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 have blogged about on more than one occasion under the Stubbs/Biddix/Thomsen/Jones labels–see here , here, here, here and here.  The Supreme Court has granted a PDR in Ledbetter to determine whether Appellate Rule 21 provides the only criteria for granting a writ of certiorari without invoking Appellate Rule 2.  Although Ledbetter is a criminal appeal, the split of authority in the Court of Appeals has far-reaching consequences for all appellate practitioners.  The State has not yet filed its brief, but the defendant’ s brief to the Supreme Court is an easy and interesting read for our Appellate

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Motions in the Appellate Courts of North Carolina

In this post, I discuss motions filed in appeals docketed in the appellate division for review. Although uncontested motions are mentioned, the focus is on contested motions.  This post does not address matters such as petitions and stays.

Lawyers often find motions practice in the appellate courts to be both frustrating and opaque.  A motion filed in the trial division is usually resolved by a hearing before or during

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Court of Appeals Continues to Clarify, This Time With Respect to Burden of Proving Timely Appeal

The North Carolina Court of Appeals has started off 2018 with a trend of clarification.  As we noted last week, in this year ‘s first batch of opinions the Court clarified the applicable standard of review for a trial court’s decision on whether a party has waived a contractual right to arbitration. And now after the year’ s second batch of opinions was released earlier this week, appellate practitioners have further clarity: if the record on appeal does not contain a certificate of service for the order or judgment being appealed and the appellee seeks to dismiss that appeal on the grounds that

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Court of Appeals Clarifies Standard of Review for Waiver of Arbitration Clause

The North Carolina Court of Appeals kicked off a new year of decisions by clarifying the applicable standard of review for a trial court’s decision on whether a party has waived a contractual right to arbitration. In iPayment, Inc. v. Grainger, the plaintiff appealed from an order denying its motion to compel the arbitration of counterclaims that had been brought by one of the defendants.

The case arose out

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Disagreement in the Supreme Court of North Carolina: How to Interpret a Statute

Our State Supreme Court issues a lot of unanimous opinions. But this month’s batch of opinions contained two interesting examples of an area in which the justices may disagree: statutory interpretation.

In State v. Fletcher, the Supreme Court was interpreting the scope of the phrase “oral intercourse” in a criminal statute. Not surprisingly, the Court “look[ed] first to the plain meaning of the words of the statute itself.” But

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If at First Your Appeal Doesn’t Succeed, You May be Able to Try Again

Worry not – if the Court of Appeals dismisses your interlocutory appeal, you can likely try again later. In WLAE, LLC v. Edwards, the Court made it clear that its order dismissing an appeal of the trial court’s order dismissing claims against one defendant did not prejudice the plaintiff from appealing that order once the final judgment was entered.

The plaintiff in WLAE brought claims against two defendants for

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