As some of our readers may know, I write a monthly column for North Carolina Lawyers Weekly. The topics are what I’d call appellate-adjacent. But this month’s column is right in the wheelhouse of this blog’s readership. I was privileged to have Justice Dietz sit down with me for a long interview. You can check out the full interview on LinkedIn, where you’re free to leave a comment. You can also check out the print version here. But there were lots of other interesting tidbits that didn’t make the print version but are likely of interest to the appellate bar. The following is a grab bag of ot ..read more

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 their side.  In a published opinion, the Court of Appeals addressed whether a Defendant timely filed a Notice of Appeal. If not, the Court of Appeals lacked jurisdiction and would have to dismiss the appeal.  The Court’s analysis hinged on the intersection between the Rules of Civil Procedure and the Rules of Appellate Procedure. The facts of the case were clear: th ..read more

Much ink has been spilled exploring the porous jurisdictional border between the trial division and the appellate division.  A recent opinion from the Court of Appeals addresses this issue again. State v. Johnson, No. COA22-363 (filed 18 April 2023), involves a police search of a defendant accused of trafficking drugs, but the facts of the encounter need not detain us.  Instead, let’s explore the trial and appellate procedures that ensued.  The defendant moved to suppress evidence found during the search.  At the conclusion of a hearing held on 8 November 2021, the trial ..read more

If you’re reading this blog, you’re probably interested in North Carolina Appeals. And if you’re interested in North Carolina appeals, you will really be interested in the North Carolina Appellate Practice CLE happening on Friday, March 31! At this CLE, appellate practitioners will gather from all over the state to learn from current and former judges and seasoned appellate advocates about the latest developments in North Carolina appellate practice and pull back the curtain on often-undiscussed aspects of appellate advocacy. These won’t be mere theoretic musings either. The sessions will be ..read more

The news these days is filled with stories about Artificial Intelligence and how it will change our lives.  We’ve seen impressive examples of AI-generated stories, poems and essays composed in the voice of famous writers.  Lawyers are wondering how this new tool will alter (or obliterate) our practices.  Don’t panic yet.  It’s apparent that there will be an impact in our legal world but it’s equally apparent that AI has a way to go yet.  To illustrate the point, and for my own edification, I opened an account with Chat GPT and asked what it could tell me about North C ..read more

Gentle reader, if you haven’t considered becoming a specialist in appellate practice, here is your opportunity. Becoming a North Carolina Board Certified Specialist in Appellate Practice can be a great way to enhance your career.    The application period is now open on the State Bar Member’s Portal.  Applications will be accepted through May 1st, and we offer an early filing $50 discount for applications submitted by April 1st.   The specialization program identifies North Carolina lawyers who are experienced and knowledgeable in a specific practice area, thereby provi ..read more

On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26.  New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing system to be served on opposing counsel using Odyssey’s system-wide service feature.    Amended Rule 26 will protect trial attorneys who become accustomed to using Odyssey’s service feature for all Odyssey filings. Under the old version of Appellate Rule 26, appellate pleadings filed in the trial court, like a notice of appeal, had to be served by mail, email, or hand-delivery–e ..read more

            In our blog post discussing the Court of Appeals opinions issued February 7, 2023, we addressed two cases explaining how trial courts must have subject matter jurisdiction in order for a plaintiff to access the court.  In its opinions issued February 21, 2023, the Court of Appeals expanded on this theme, focusing this time on how appellants must preserve their right to appeal issues if they want access to the appellate courts.              In Guerra v. Harbor Fre ..read more

By: Brian Bernhardt Jurisdiction is a foundation of what we do as trial and appellate practitioners.  While a litigant can waive lack of personal jurisdiction, lack of subject matter jurisdiction is death for a case.  In its opinions issued February 7, 2023, the Court of Appeals issued two cases dealing with jurisdictional issues. In Bassiri v. Pilling, No. COA22-411, 2023 WL 1794176 the Court addressed our old friends, alienation of affections, criminal conversation, and intentional infliction of emotional distress.  Plaintiff and his wife live in North Carolina.  Plainti ..read more

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 appellant’s reply brief. And perhaps not via an appellant’s opposition to a motion to dismiss an appeal. In SR Auto Transportation, Inc. v. Adam’s Auto Group, Inc., 2023-NCCOA-3, the trial court orally dismissed defendants’ third-party claims against various individuals.  Before the written order was entered, defendants sought a Rule 54(b) certification—which the ..read more