Go to Top

Home

Can You Appeal from a Nullity?

The trial judge who presides over a hearing or trial is supposed to, and usually does, sign the resulting written order. But what happens if that normal process is not followed? What options do the parties have?

Last week, the Supreme Court articulated one option that is not available: filing a notice of appeal. In re C.M.C. involved a bench trial of a petition for termination of parental rights.

Read More

Petition Updates: Bluegrass Edition

On Friday, while you were you tapping your toes to bluegrass on Fayetteville Street, the Supreme Court was filing its latest opinions, with a focus on disputes over child custody and child abuse and neglect proceedings. Those are fine and well, but we like to make sure the Court ‘s other orders, especially on pending petitions, also get some attention.

The Court allowed just two petitions for discretionary review on Friday, but they’ re of significant interest to healthcare providers and medical malpractice practitioners. Each of the petitions presents a handful of potential issues,

Read More

North Carolina’s Very Own Appellate Practice Treatise is Now Available!

Beth and Matt’s treatise, North Carolina Appellate Practice and Procedure, is finally available!  Published by LexisNexis in both print and online versions, the treatise represents the culmination of several years, and many thousands of hours, of hard work.

The treatise grew out of the same circumstances that spurred us to create this blog in 2011.  The practice of law in North Carolina’s appellate courts can be procedurally tricky.  Customs

Read More

Notices of Appeal: Wouldn’t It Be Nice?

I.  You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order

Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals decision that dismissed an appeal for a notice of appeal defect.  Reason: The notice of appeal identified the intermediate order that the appellant was challenging on appeal, but not the trial court order that converted

Read More

Supreme Court Adopts Generous, Secured-Leave Policy To Assist Sleep-Deprived, New Parents

On Thursday, the Supreme Court of North Carolina issued its latest amendments to the North Carolina Rules of Appellate Procedure.  The amendments impact word-count limitation applicable to appellate briefs and parental leave.

Rule 3.1 Supreme Court Briefs are Subject to Rule 28(j)’s Word Count Limitation

Historically, word-count limitations have not applied to appellate briefs filed in either direct or secondary appeals to the Supreme Court.  In January 2019, the

Read More