For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the Supreme Court if the party managed to snag a dissenting opinion from...more
Restricted Appeals A restricted appeal is a direct attack on a judgment. To be entitled to a restricted appeal, an appellant must demonstrate several elements described below. ...more
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
In January 2020, the Florida Supreme Court adopted three subtle, but significant changes to the Florida Rules of Appellate Procedure: Rule 9.130(a)(3)(C) was amended to clarify language regarding nonfinal orders denying...more
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
As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more
Several significant amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial Administration will take effect on January 1, 2019. These amendments were outlined in three recent Florida Supreme...more
The time for appealing from an order, whether final or non-final, is typically jurisdictional. If the appellant or petitioner misses the applicable deadline, the appellate court lacks jurisdiction to review the order on...more
The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a...more