North Carolina Appellate Practice Blog
Brian is a contributing author on this blog, which provides news, information and tips for practicing law in North Carolina’s State and Federal Appellate Courts.
Recent Blog Posts
A Majority Court and a Dissenting Justice: A Glimpse into the Future?
The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls. Based on the current composition of the Supreme Court, this minimalist approach, with a dissent, may be a harbinger of what to expect from the Supreme Court in the future. Continue Reading…More
Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine. Continue Reading…More
Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal
When prospective Appellants face a deadline for filing a Notice of Appeal, it is imperative that they know how many days, and which days, to count. Continue Reading…More
There’s No Appeal Without the Right to Appeal
In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the appellate courts. Continue Reading…More
Home Cooking? It Depends on Where “Home” Is
In a series of four opinions issued on July 19, 2022[1], the North Carolina Court of Appeals addressed personal jurisdiction and what constitutes a fundamental public policy of North Carolina. The four cases, arising in three North Carolina counties, involved a single South Carolina auto finance company and almost twenty different plaintiffs. Each of the... Continue Reading…More
