A month ago, I excitedly reported that the North Carolina Court of Appeals had granted its first motion for rehearing en banc.  Turns out that the en banc party invitations were for naught.

In a special order entered this morning, the Court of Appeals notified the parties that “after further consideration by the Court as a whole, the Court’s 30 July 2021 order allowing en banc rehearing of the appeal is rescinded. The appeal is returned to the original panel for further consideration.”

So the Court of Appeals’ first en banc rehearing order has become a catalyst for panel reconsideration.  But as it turns out, spotting a unicorn doesn’t mean that unicorns actually exists.

[View source.]