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“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory...

In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general rule exists: When the trial court’s...more

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more

Just in Time for Halloween: Has the Specter of Viar Returned?

Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and...more

Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It

The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory fashion. Not in the...more

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