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Does a Dissenting Opinion Control the Supreme Court?

A dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed an automatic right of appeal to the Supreme Court of...more

What’s in a Name? Court of Appeals Strikes an “Appellee” Brief

Can an appellee say that the lower court got it wrong? If so, when? In many appeals, the alignment of interests is clear: the appellant is the party who disagrees with the ruling at issue, and the appellee is the party who...more

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

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

What Rulings Should You Include in a Notice of Appeal?

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

Interlocutory Review of Fee Awards: How Much Is Too Much?

Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a potential exception to that rule...more

A New Kind Of “Merit” Badge: The Petition For Writ Of Certiorari

A writ of certiorari is a discretionary, extraordinary writ—and is therefore never granted as a matter of right. See, e.g., King v. Taylor, 188 N.C. 450, 451, 124 S.E. 751, 751 (1924) (explaining that the writ “is allowed...more

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

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

What Does It Mean When An Appellate Court Attaches Another Court’s Opinion?

Out of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business Court decisions. Of those six...more

Fourth Circuit Rejects Equitable Defenses To Untimely Notice Of Appeal

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

All In The Timing

No, this post is not a tribute to David Ives. In many appellate cases, it really is all in the timing. Some appellate rules regarding timing are easy to state. The deadlines to file a notice of appeal, an opening brief,...more

Can You Appeal From A Nullity?

The trial judge who presides over a hearing or trial is supposed to, and usually does, sign the resulting written order. But what happens if that normal process is not followed? What options do the parties have? Last week,...more

Appellate Review Of Trial Court Reasoning

Unlike in federal court, judges in North Carolina’s state courts often invite counsel for the prevailing party to draft a proposed order on the court’s ruling. Sometimes the judge will let the parties know of the judge’s...more

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