Appellate Law

Court of Appeals Opinions

Posted on May 21, 2013
The North Carolina Court of Appeals released opinions this morning.  They are available for viewing here.

COA Grants Businesses New Trial on Damages in Breach of Contract Suit

Posted on May 09, 2013
Yesterday the Court of Appeals reversed a jury verdict as to two defendants in a breach of contract case and granted a new trial on the issue of damages.  The case is Scheerer v. Fisher.Scheerer and his company sued defendants Fisher, Renaissance Ventures, and Highland Forest Partners for breach of contract for the payment of a real estate brokerage commission...

Interview with the Honorable Mark A. Davis, North Carolina Court of Appeals

Posted on May 06, 2013
We recently sat down with the Honorable Mark A. Davis with the North Carolina Court of Appeals for a conversation about his path to the bench, life at the Court, and his thoughts on appellate practice.  Read on for more details. . . .Judge Davis received his undergraduate and law degrees from the University of North Carolina and then went on to serve as a law clerk for the Honorable Franklin T...

Rule Change Approved by the North Carolina Supreme Court

Posted on March 28, 2013
Recently, the North Carolina Supreme Court issued an order adopting a handful of amendments to the North Carolina Rules of Appellate Procedure.  Here is a brief summary:Rule 28(h) has been amended to provide that appellants may now file a reply brief as of right regardless of whether a case is being heard for oral argument...

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Court of Appeals Opinions

Posted on March 19, 2013
The North Carolina Court of Appeals released opinions this morning.  They are available for viewing here.

Crossman v. Life Care Centers of America, Inc.

Posted on January 21, 2013
In Crossman v. Life Care Centers of America, Inc., the North Carolina Court of Appeals recently upheld the invalidation of a healthcare arbitration agreement as impossible to perform due to a failure of material terms.  In January 2011, while serving as the administrator of her husband?s estate, Lucille Crossman filed a wrongful death complaint against the Defendants, who own, operate, and manage the assisted living facility in Hendersonville in which Ms...

Court of Appeals Opinions

Posted on January 15, 2013
This morning the North Carolina Court of Appeals released opinions, including 23 published opinions.  Stay tuned for the highlights.

Governor Perdue Appoints Mark Davis to NC Court of Appeals

Posted on December 31, 2012
Today Governor Perdue appointed Mark Davis, her general counsel for the past two years, to the open seat on the North Carolina Court of Appeals.  Davis will be filling a seat left vacant by Perdue's appointment of Cheri Beasley to the Supreme Court of North Carolina...

Court of Appeals Opinions

Posted on December 18, 2012
This morning the North Carolina Court of Appeals released opinions, including 28 published opinions.  We will have more on any cases of interest later.

NC Supreme Court Opinions

Posted on December 14, 2012
Today the NC Supreme Court issued thirteen opinions, eight of them civil.   We'll be back with posts on some of these cases shortly.

Governor Perdue Appoints Beasley to North Carolina Supreme Court

Posted on December 13, 2012
On Wednesday, Governor Perdue announced that she has appointed Court of Appeals Judge Cheri Beasley to fill the vacancy on the North Carolina Supreme Court.  Here's the link to the Governor's press release.  Beasley will fill the open spot created when Justice Timmons-Goodson retired earlier this year...

Appellate Rules Committee Revises Appellate Style Manual

Posted on December 06, 2012
The Appellate Rules Committee of the North Carolina Bar Association has recently published a revised Appellate Style Manual.  This practical guide to handling North Carolina appeals, which includes guidance on interpreting and complying with the Rules of Appellate Procedure, helpful timetables, and examples of the components of typical appellate filings, can be an invaluable resource for any appellate lawyer...

Perdue Suspends Judicial Nominating Commission

Posted on December 05, 2012
As I mentioned in an earlier post, the limited time left in Governor Perdue's term meant that it would be difficult for her to utilize her Judicial Nominating Commission to fill the vacancy that will be created on the North Carolina Supreme Court when Justice Timmons-Goodson resigns on December 17, 2012...

COA Reverses Order Denying Motion to Compel Arbitration

Posted on December 04, 2012
Generally speaking, the North Carolina Rules of Civil Procedure do not require trial courts to make findings of fact when disposing of motions.  However, in Cornelius v. Lipscomb, Judge Martha A. Geer, joined by Chief Judge John C. Martin and Judge Donna Stroud, explained that orders addressing motions to compel arbitration present an exception to this rule...

Court of Appeals Opinions

Posted on December 04, 2012
This morning the North Carolina Court of Appeals released opinions in 21 cases.  We will have more on any cases of interest later.

Justice Timmons-Goodson Resigns

Posted on November 28, 2012
The Raleigh News and Observer is reporting that North Carolina Supreme Court Justice Patricia Timmons-Goodson will resign her seat from the North Carolina Supreme Court.  Justice Timmons-Goodson has served on the North Carolina Supreme Court since being appointed by then-Governor Mike Easley in 2006...

COA: Rule 60(b) Motion Cannot Be Used to Attack An Order That a Party Failed to Appeal

Posted on November 21, 2012
In Hodgin v. United Community Bank, the COA emphasized the importance of the proper procedure for appealing a final order entered by the trial court.The Hodgins took out two loans from Community Bank to finance construction of a home on a parcel of land they owned...

COA Opinions - Tuesday, November 20

Posted on November 20, 2012
Today the NC Court of Appeals released 18 published opinions, seven criminal, two juvenile, and the rest civil. We'll be back shortly with discussions of a few of these cases.

COA Opinions

Posted on October 17, 2012
Yesterday, the Court of Appeals released its latest set of opinions, which are available here.  The next set of opinions is scheduled to be filed November 6, 2012.

NC Supreme Court: Oral arguments this week

Posted on October 15, 2012
This week, the Supreme Court will hear 13 arguments.Monday, October 15In The Matter Of: Ocean Isle Palms LLC (Tax Commission)State v. Burrow (Lincoln County)Barbarino v. Cappuccine, Inc. (Cabarrus County)Klingstubbins Southeast, Inc. v...

COA: Oral arguments this week

Posted on October 08, 2012
This week, the Court of Appeals will hear six oral arguments.Wednesday, October 8 at 9:30 A.M. (Judges Robert C. Hunter, Calabria, and Robert N. Hunter, Jr.)State v. Broom (Alamance County)State v. McKenzie (Duplin County)WakeMed v...

Supreme Court Opinions

Posted on October 05, 2012
The North Carolina Supreme Court filed four opinions today:In re Foreclosure of JohnsonCivil caseIssue: whether a special assessment made by a condominium homeowners association is unlawful and invalidMajority opinion written by Justice Timmons-Goodson, affirming decision of Court of AppealsDissenting opinion written by Justice Martin, with Justice Newby and Jackson joining in the dissenting opinionState v...

COA Opinion Statistics (10/2/12)

Posted on October 02, 2012
Today the Court of Appeals released its latest set of opinions.  The next set of opinions is scheduled to be released on October 16, 2012.  A more detailed breakdown of the opinions follows after the jump.Published OpinionsCivilBulloch v. N...

COA: Oral arguments this week

Posted on September 24, 2012
This week, the Court of Appeals will hear four oral arguments:Tuesday, September 25 at 9:30 A.M. (Judges McGee, Beasley, and Thigpen)State v. DanielsWednesday, September 26 at 1:00 P.M. (Judges Calabria, Elmore, and Stephens)State ex rel. Utilities Commission v...

Opinion Breakdown from 9/4/12 COA Opinions

Posted on September 19, 2012
As Amanda mentioned, yesterday the Court of Appeals released its latest set of opinions.  The next scheduled release date is October 2, 2012. A more detailed breakdown of the opinions follows after the jump:Published OpinionsCivil - 3Criminal - 1Domestic - 2Unpublished OpinionsCivil - 6Criminal - 12Domestic - 4Opinion Authors Bryant State v...

COA: UDAP Claim Must Be Independent from Breach of Contract Claim or Must Have Substantial Aggravating Circumstances

Posted on September 19, 2012
Yesterday the Court of Appeals made clear that an unfair and deceptive acts or practices claim must be based on acts standing separate and apart from a breach of contract claim or, if based upon a breach of contract, a Chapter 75 claim must be accompanied by ?substantial aggravating circumstances...

COA Opinions for September 18, 2012.

Posted on September 18, 2012
The COA published six opinions today, two domestic, one criminal, and three civil. We will have more on any civil cases of interest later.

Federalist Society Appellate Candidate Forum

Posted on September 13, 2012
On September 26, 2012, the Triangle Chapter of the Federalist Society will be holding a candidate forum featuring the candidates for the North Carolina Supreme Court and Court of Appeals at the Cardinal Club.  In case you have not heard much about these races, Justice Paul Newby and Judge Sam Ervin, IV are running for the Newby seat on the Supreme Court, Judge Cressie Thigpen and Raleigh attorney Chris Dillon are running for the Thigpen seat on the Court of Appeals, Judge Wanda Bryant and District Court Judge Marty McGee are running for the Bryant seat on the Court of Appeals, and Judge Linda McGee and Raleigh attorney David Robinson are running for the McGee seat on the Court of Appeals...

COA: Oral arguments this week

Posted on September 09, 2012
This week, the Court will hear oral arguments in two cases:Wednesday, 9/12/12 at 1:00 p.m.: Hodgin v. United Community Bank, 12-383.Thursday, 9/13/12 at 9:30 a.m.: McAdoo v. University of North Carolina at Chapel Hill, 12-256.See here for the full calendar of arguments.

COA Opinions (9/4/12)

Posted on September 04, 2012
Today the North Carolina Court of Appeals released 11 published opinions and 24 unpublished opinions.  Here is a quick summary of the today's cases:Published Opinions Civil - 6Criminal - 3Domestic - 2Unpublished OpinionsCivil -3 Criminal - 10Domestic - 11Opinion AuthorsBeasley - 3Bryant - 4Calabria - 2Ervin - 1Geer - 3Hunter, Robert C...

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