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Tag Archives: appellate rules

Up-To-Date Set of Appellate Rules Released

Did you enjoy opening and comparing three different Supreme Court orders to determine the most current version of a particular Appellate Rule? For those twisted few who did, your joy is gone. The Supreme Court’s Office of Adminstrative Counsel recently released a PDF codifying the current Appellate Rules  (including the January 1, 2019 amendments) in a single, easy to navigate document. Want to view the 2019 redline order summarized in this blog post?  No problem.  A table at the end of …Read More

Supreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review

In October 2018, I gave a CLE presentations with (now recently sworn in) Judge Allegra Collins: “Life Preservers on the Titanic: Issues Not Properly Preserved for Appellate Review.”  Part of the presentation posed this question: Can the General Assembly enact a rule or law that automatically preserves certain issues for appellate review?  At the time, the answer to that question was as follows: Yes.  See Duke Power Co. v. Winebarger, …Read More

Proposed Change to Federal Appellate Rules Would Provide Reply-Brief Relief

I’m old enough to remember the good ol’ days, specifically, 2016, when we had 17 days to file a reply brief in a federal appeal.  Sometimes, you would even get lucky and have the 17th day fall on a weekend, giving you as many as 18 or even 19 days to file that scathing reply. But then, in honor of a long tradition of counting by sevens that traces its roots through …Read More

Update: Appellate Court Jurisdiction

It was just over one year ago that I wrote about the authority of one appellate panel to overrule another panel when the issue is one of jurisdiction. Last week, the Supreme Court of North Carolina issued an opinion in that case that helps to explain the jurisdiction of the appellate courts. The opinion may also offer a preview of the analysis we will see in the pending State v. …Read More

Outside the Box: Authority of the Supreme Court of North Carolina

Affirm . . . reverse . . . those are the words that usually appear at the end of an appellate opinion.  But last week, the Supreme Court of North Carolina reminded us that it has broad power when it decides cases. State v. Hammonds was a criminal case in which the defendant moved to suppress statements made to police detectives while he was involuntarily committed to a mental hospital.  …Read More

Ketchup, Catsup, Catch-Up: A Hodgepodge Of Important Appellate Decisions We Were Behind In Sharing

Holidays, snowstorms, vacations, workloads—mixed in with the winter blahs—have resulted in us getting a little behind on our blogging duties. The appellate courts, however, have not suffered from the same maladies, issuing several important appellate-practice-and-procedure decisions of late.  This special “Catch-Up” post hopefully gets us back on track for the New Year. Rule 54(b) Certification and Peacock Farms. The question presented in Peacock Farms was whether a Rule 54 certification …Read More

Dan Horne Named New Clerk of Court for the North Carolina Court of Appeals

As noted Friday, the position of Clerk of Court for the North Carolina Court of Appeals was vacant over the weekend. The good news is that if you call today and ask for the Clerk, you will be directed to a familiar name–if not a familiar voice. Today, the Court of Appeals announced that Dan Horne is its new Clerk.  Dan has worked at the Court of Appeals for several decades. He has the history …Read More

A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.

Over the past few months, we have shared several  potential problems created by the Business Court Modernization Act.  Nonetheless, we held a few potential traps close to our vest because, frankly, we were unsure if any of the unique circumstances necessary to trigger the traps would arise.  Recently, we changed our mind on the improbability of those scenarios based on an October 8 order from the North Carolina Business Court.  The …Read More

Ehrenhaus Is Here To Stay

Yesterday the North Carolina Court of Appeals issued what I am going to be so bold as to call the most highly anticipated opinion in 2015 for appellate practitioners. For those new to the Ehrenhaus discussion, take a look at our prior posts here and here and here. The central question is whether the provision in Appellate Rule 3 requiring that a notice of appeal be filed “with the clerk …Read More

Change to Automatic Stay Statute Portends Future Appellate Rules Fixes

The “automatic stay” statute seems simple enough at first glance.  “When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein; but the court below may proceed upon any other matter included in the action and not affected by the judgment appealed from.”  N.C. Gen. Stat. § 1-294.  The idea is …Read More