News & Analysis as of

Appellate Courts Appeals North Carolina

Fox Rothschild LLP

Are North Carolina Court of Appeals Judges Dissenting Less?

Fox Rothschild LLP on

Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed...more

Fox Rothschild LLP

Help Wanted: Chief Justice’s Commission on Professionalism Seeks Appellate Attorneys as Moot Court Mentors

Fox Rothschild LLP on

This year, the North Carolina Mock Trial Program, in conjunction with the Chief Justice’s Commission on Professionalism (CJCP) and the May 20th Society, will offer the chance to learn about our State’s rich history and our...more

Fox Rothschild LLP

Wednesday Returns: Court of Appeals Changes Release Schedule for New Opinions

Fox Rothschild LLP on

You can hit your snooze button a little later on Tuesdays. Effective January 1, 2025, the Court of Appeals’ scheduled filing days for opinions will be the first and third Wednesday of the month, Since the Court will be...more

Fox Rothschild LLP

Christmas in September: New Features Added to North Carolina’s Appellate Filing Website

Fox Rothschild LLP on

The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org. The filing site has long allowed attorneys and the...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

Fast Talk: Compressed Oral Arguments in N.C. Court of Appeals

Fox Rothschild LLP on

Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

“Fully Reviewable On Appeal”? Huh?

Fox Rothschild LLP on

I’ve spent a fair amount of time over the last few months working on the examination recently administered to those seeking to become North Carolina State Bar Board Certified Specialists in Appellate Practice. During my...more

Fox Rothschild LLP

Appellate Style Guide Updated

Fox Rothschild LLP on

If you handle appeals in North Carolina, you need a copy of the Style Guide. This guide is put together by the state’s Appellate Rules Committee and updated regularly. I’ve had to handle appeals in other states, where I...more

Fox Rothschild LLP

Supreme Court Offers Appellate Advice for Unrepresented Litigants

Fox Rothschild LLP on

The Supreme Court of North Carolina gets a lot of questions and filings from unrepresented litigants. Often, those folks are in the wrong court (they should be in the Court of Appeals). Other times, they’re in the right...more

Cranfill Sumner LLP

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

Cranfill Sumner LLP on

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

Fox Rothschild LLP

Another Smorgasbord Of Opinions From The Court Of Appeals

Fox Rothschild LLP on

On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

Fox Rothschild LLP

Has The Court Of Appeals Unfriended Its Amicus?

Fox Rothschild LLP on

The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more

Cranfill Sumner LLP

Are Jurisdictional Facts Reweighed on Appeal?

Cranfill Sumner LLP on

The North Carolina Court of Appeals Disagrees on the Standard of Review of the Industrial Commission’s Jurisdiction - North Carolina appellate courts do not judge the credibility of witnesses or weigh evidence. That is,...more

Fox Rothschild LLP

When It Comes To Appeals As Of Right To The Supreme Court Of North Carolina, Not All Dissents Are The Same

Fox Rothschild LLP on

North Carolina General Statute § 7A-30(2) allows for an appeal as of right to the Supreme Court of North Carolina from “any decision of the Court of Appeals rendered in a case…in which there is a dissent.” Seems pretty...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

Appellate Rulings Not Argued By Any Party; Or Too Many Fingers In The Pie

Fox Rothschild LLP on

Last year, I blogged about State v. Ellis where a passing motorist gave a Highway Patrol trooper the middle-finger salute and was arrested for his trouble. A divided Court of Appeals allowed the defendant’s conviction to...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide