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Appeals Notice of Appeal

Fox Rothschild LLP

The Lights Are Still On: Oral Notices of Appeals in Criminal Cases

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Civil lawyers love written notices of appeal. Have you ever heard a civil attorney say, “I wish I could orally notice an appeal”? Me neither. But the criminal trial bar overwhelmingly give oral notices of appeal in state...more

Brownstein Hyatt Farber Schreck

Nevada Supreme Court Considering Important Updates to the State’s Rules Of Appellate Procedure

The Commission on Nevada Rules of Appellate Procedure, created by the Nevada Supreme Court in 2021, and tasked with considering whether the Nevada Rules of Appellate Procedure (“NRAP”) should be updated, recently filed a...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more

Fox Rothschild LLP

Fourth Circuit Holds Actual Notice Required For FRAP 4(a)(6)

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Most practitioners are likely happy to have limited familiarity with Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The Rule allows the district court, in its discretion, to reopen for 14 days a party’s time to...more

Fox Rothschild LLP

Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal

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While the Rolling Stones may have believed that time was on their side, today the Court of Appeals reminded prospective appellants that, when faced with a deadline for filing a Notice of Appeal, time is definitely not on...more

Cranfill Sumner LLP

Appeal with Caution: Lessons from the North Carolina Court of Appeals on Appellate Jurisdiction

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There is no such thing as a sure thing. And in three unpublished opinions, the North Court of Appeals reminded lawyers that a notice of appeal does not guarantee appellate jurisdiction....more

Pierce Atwood LLP

Respect the Process: Late Appeals and Wrongful Use of Civil Proceedings

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Last week the Law Court handed down two decisions relating to judicial process, addressing the time limits for notices of appeal and the situations in which relief can be sought for wrongful use of civil proceedings....more

Fox Rothschild LLP

What Rulings Should You Include in a Notice of Appeal?

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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

Perkins Coie

Order Denying Writ of Administrative Mandamus is a Final, Appealable Judgment

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The Court of Appeal held that a ruling denying a petition for writ of mandate constitutes the final judgment in the case and triggers the 60-day period for filing an appeal. Meinhardt v. City of Sunnyvale, 76 Cal.App.5th 43...more

Fox Rothschild LLP

The Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to Appeal

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This week, the Court of Appeals added some nuance to an issue that has plagued appellants for many years: the calculation of the appeal period when a judgment is not properly served but an appellant nonetheless has “actual...more

Cranfill Sumner LLP

NC Supreme Court Amends Appellate Procedure Rules

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On Oct. 13, the Supreme Court of North Carolina adopted amendments to the North Carolina Rules of Appellate Procedure. The new rules will impact all appellate cases beginning Jan. 1, 2022....more

Morrison & Foerster LLP - Left Coast Appeals

The Ninth Quickens its Pace

A Ninth Circuit appeal is generally a long-term endeavor. The Court itself tells parties that the likely “time-to-argument”—i.e. the time between a filing a notice of appeal and the Court hearing oral argument—is between 12...more

Harris Beach PLLC

Toll or Suspension? New York Appellate Division Provides Clarity

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New York’s Appellate Division, Second Department recently denied two motions arguing an appeal was untimely where the appellant filed a notice of appeal nine days beyond the standard deadline. The appellant successfully...more

Fox Rothschild LLP

Business Court: Subsequently Filed Notice Of Appeal Deprives Trial Court Of Jurisdiction To Rule On Pending Rule 60(b)(6) Motion

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In Dicesare v. Charlotte-Mecklenburg Hospital Authority, 2021 NCBC Order 10 (Apr. 6, 2021), the North Carolina Business Court determined that a trial court loses jurisdiction to rule on a pending Civil Rule 60(b)(6) motion...more

Fox Rothschild LLP

For Timely Appeals From The Business Court, Keep The Calendar – And Geography – Close In Mind

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In ALC Manufacturing, Inc., v. J. Streicher & Co., 2020 NCBC 55, the Business Court dispatched a case that started off with bad timing, and ended that way too. Plaintiff claimed defendant BBP Bandenia, PLC breached a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: In Rem and Out of Time

This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Appeals Dropping Like Flies

This week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled...more

Cozen O'Connor

Notice of Appeal - Spring 2020

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Background - A Company received a grand jury subpoena under the Stored Communications Act (“SCA”) seeking information about an employee of one of the Company’s customers, who was the target of a criminal investigation. The...more

Fox Rothschild LLP

Can The Cart (Appeal) Go Before The Horse (Entry Of Order Being Appealed)?

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Last week, the Court of Appeals returned to a general question that this blog has addressed before: When is a Notice of Appeal Filing Deadline or Requirement Jurisdictional? In this instance, the specific issue was whether...more

Jaburg Wilk

Top Ten Things to Know About Appeals

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1. IT’S ALL ABOUT THE RECORD. The first question I’m typically asked by a prospective appellate client is “How can we tell the appellate court about all the emails from my ex-husband (credit card receipts, nasty texts) my...more

Fox Rothschild LLP

Fourth Circuit Rejects Equitable Defenses To Untimely Notice Of Appeal

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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

Snell & Wilmer

Appealing the Rejection of a Patent Application

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Sometimes appealing an Examiner’s rejection is the only practical option. If no claims of valuable scope have been allowed or indicated as allowable, and all clarifying claim amendments, supporting evidence and salient...more

Ward and Smith, P.A.

On Notice: How to Avoid Improper Notices of Appeal

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Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. A Notice of Appeal must "designate the judgment or order from which appeal is taken." But what might seem clear on its face isn't always so...more

Fox Rothschild LLP

Notices Of Appeal: Wouldn’t It Be Nice?

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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...more

Fox Rothschild LLP

Taking Care Of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based On Purported Signatory Defect In Notice Of...

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As noted yesterday, the Supreme Court has been busy. Need further proof? How about the fact that the Supreme Court considered 279 “other matters” on Friday— a category that includes rulings on various substantive motions,...more

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