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Tag Archives: New Trial

Navigating Trial Decisions Through An Appellate Framework

Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized, a symbiotic relationship can occur when a trial lawyer and an appellate lawyer work collaboratively during trial to reach the best solution for the client. Boone Ford, Inc. v. IME Scheduler, Inc., issued last week, provides two helpful reminders for …Read More

At Long Last: Discussion of an Appeal from Small Claims Court

While we here at NCAPB concern ourselves with all things appellate, rarely do we have occasion to blog about appeals from decisions made in Small Claims Court. Cue up the Court of Appeals’ unpublished decision in Gupta v. Carter to help us address this gap in coverage. Five weeks after entering a 12-month residential lease, landlord Gupta filed an action in Wake County Small Claims Court against tenant Carter seeking …Read More

Bell v. Martin, 35 Years Later

Although filing a notice of appeal generally divests the trial court of jurisdiction, an appellant may still move for a new trial while an appeal is pending. Doing so, however, is wrought with procedural traps for the unwary. For example, as previously blogged, a motion brought under Rule 60 will not toll the time for appeal. Yesterday, the North Carolina Court of Appeals reminded us of another procedural trap in an …Read More

No objection, No problem: Court of Appeals grants new trial on ground not raised by trial counsel

As a general rule, an appellate issue is only preserved if you first object before the trial court.  N.C. R. App. P. 10(a)(1).  The Court of Appeals reminded us this week of two potentially expansive exceptions to that rule in its award of a new trial to the defendant in State v. Young, a factually disturbing case involving allegations that the defendant murdered his spouse. First, some statutes require the …Read More