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Does a Dissenting Opinion Control the Supreme Court?

A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed an automatic right of appeal to the Supreme Court of...more

What’s in a Name? Court of Appeals Strikes an “Appellee” Brief

Can an appellee say that the lower court got it wrong? If so, when? In many appeals, the alignment of interests is clear: the appellant is the party who disagrees with the ruling at issue, and the appellee is the party who...more

Certiorari Petitions in the Court of Appeals: From Ordinary to Extra-Ordinary

Petitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those petitions should contain. Under Rule...more

What Rulings Should You Include in a Notice of Appeal?

For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or order from which appeal is taken.”...more

Opinions and Orders and Options: A New Normal?

When you hear about an appellate decision, what comes to mind? Typically, I think of a formal “opinion”—at least when the appeal has been briefed on the merits. And historically, I have thought of an “order” as a short...more

Can You Pass Go with a Fee Award?

Back in November, I wrote about the possibility of a fee award being immediately appealable if the amount in question is significant enough. In the latest batch of opinions from the Court of Appeals, that issue reared its...more

A Loch Ness Sighting: A Writ Decision with a Dissent

There was a time when I thought of a writ of prohibition as a mythical creature that only exists in fairy tales. As it turns out, the writ does exist. And in a decision on the writ that was entered this week, the Court of...more

Interlocutory Review of Fee Awards: How Much Is Too Much?

Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a potential exception to that rule...more

ICYMI: Chat With The Chiefs On Thursday, May 6th

You are invited to attend the Appellate Practice Section’s “Fireside Chat with the Chiefs” this Thursday, May 6th, at 1:00 p.m...more

5/3/2021  /  Events , Virtual Meetings

Pro Bono Opportunity: The Guardian ad Litem Program

As you no doubt have noticed, virtually every batch of opinions from our State appellate courts includes at least one “Rule 3.1” case involving allegations of abuse, neglect, or dependency. What you may forget is that each...more

The Art Of Persuasion: The Supreme Court Disputes Where To Look

If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court of Appeals opinions? Does the answer to...more

Something Next To Normal: Is The Court Of Appeals Returning To In-Person Oral Arguments?

It has been more than a year since the Court of Appeals and Supreme Court have held in-person oral arguments. Thankfully, the appellate courts have been able to continue their important work by utilizing technology to hold...more

Monday, March 15th: You’re Invited To Meet The Judges

In case you missed the invitation, the Appellate Practice Section is hosting a virtual event at noon next Monday so that members of the bar can get to know the new justices on the Supreme Court and new judges on the Court of...more

North Carolina Court Of Appeals Investiture Ceremony: January 14th

As mentioned previously, several new judges are joining the Court of Appeals this month. Similar to the Supreme Court’s ceremony, the investiture ceremony for these new judges will be held virtually at 10:00 a.m. on Thursday,...more

1/14/2021  /  Appellate Courts , Judges , YouTube

Petition Tracker Updated

In its most recent set of petition rulings, the Supreme Court of North Carolina added five new cases to its discretionary docket. These cases involve: •the scope of the North Carolina False Claims Act; •the evidence...more

A New Kind Of “Merit” Badge: The Petition For Writ Of Certiorari

A writ of certiorari is a discretionary, extraordinary writ—and is therefore never granted as a matter of right. See, e.g., King v. Taylor, 188 N.C. 450, 451, 124 S.E. 751, 751 (1924) (explaining that the writ “is allowed...more

Drop My Name: Per Curiam Opinions At The Court Of Appeals

It doesn’t take long for those who read judicial opinions to come across an unsigned, “per curiam” decision. Many decisions from the U.S. Supreme Court, federal circuit courts, and our state Supreme Court are short-ish...more

Current Status Of Federal Appellate Courts–March 19, 2020

Here is a compilation of the current status of the federal appellate courts and announcements about their respective changes, closings, and procedures as of the afternoon of March 19, 2020. Click on the name of the court to...more

What Does It Mean When An Appellate Court Attaches Another Court’s Opinion?

Out of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business Court decisions. Of those six...more

Fourth Circuit Rejects Equitable Defenses To Untimely Notice Of Appeal

Our state appellate courts have long held that a timely notice of appeal is a jurisdictional requirement. See, e.g., State v. Patterson. (For an interesting discussion on this topic, see section 28.02[3] in Beth and Matt’s...more

Supreme Court Adopts Universal Citation Format

Back in June, the Supreme Court of North Carolina sought feedback on a potential change to the citation format for North Carolina appellate court opinions. This week, the Court has officially made plans for the universal...more

All In The Timing

No, this post is not a tribute to David Ives. In many appellate cases, it really is all in the timing. Some appellate rules regarding timing are easy to state. The deadlines to file a notice of appeal, an opening brief,...more

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,...more

Let Your Voice Be Heard: Seeking Input On New Citation Format

The Supreme Court of North Carolina is exploring a proposal to adopt a universal citation format for North Carolina appellate court opinions. The format would implement sequential numbers for all opinions and a...more

Supreme Court Releases Its Internal Citation, Style, And Usage Guidebook

Earlier this month, the Supreme Court of North Carolina published its internal “Guidebook” for citation, style, and usage. You may recall that a few years back, a lawyer obtained a copy of and began selling the U.S....more

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