Appellate Law

Non-Compete Agreements Cannot be "Reasonable-ized" by Court--Even with the Parties' Consent

Posted on March 19, 2016
Yesterday, the Supreme Court stiffened its stern treatment of non-compete agreements. At issue in Beverage Systems was a non-compete clause that allowed the trial court to modify its geographic scope if the court determined the original scope was unreasonable...

COA Confirms That Any Appeals in Suits Designated Complex Business Cases After October 1, 2014 Must Go to the NC Supreme Court, or Face Dismissal

Posted on March 15, 2016
Today the Court of Appeals issued a decision addressing Session Law 2014-102, the 2014 Business Court Modernization Act, which requires that appeals in matters that are designated as mandatory complex business cases go straight to the NC Supreme Court...

And....we're back!

Posted on March 15, 2016
After a bit of a hiatus, the NC Appellate Blog is back to bring you (hopefully) quick and useful summaries of state appellate court decisions that relate to civil and business litigation...and anything else we think is particularly interesting for litigators in North Carolina, including judicial elections and appointments...

NC COA: Tillman Substantive Unconscionability Test No Longer Valid

Posted on February 07, 2014
The North Carolina Court of Appeals' unanimous decision in Torrence v. Nationwide Budget Finances dramatically reshapes the law governing the unconscionability of arbitration clauses.  The Court of Appeals held that the United States Supreme Court?s recent rulings regarding arbitration clauses in AT&T Mobility LLC v...

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COA: Admission by Defendants That They Received Summons and Complaint is Sufficient for Proper Service

Posted on November 08, 2013
On Tuesday the Court of Appeals held that an individual defendant can be properly served even if they don't accept service of the summons and complaint; the defendant just needs to personally receive it from the party who was actually served.  The case is Washington v...

COA: Parties Facing Dismissal of Note Enforcement Action Should Clearly Plead the Chain of Title, and Request that Any Dismissal of The Complaint be Without Prejudice.

Posted on November 06, 2013
Tuesday the Court of Appeals made clear that, in order to avoid dismissal, parties seeking to enforce a note need to make a clear showing that they're the holder.  The Court also reminded litigants that they should take measures in advance to avoid a dismissal with prejudice...

Court of Appeals Holds Michael Peterson Entitled to New Trial

Posted on July 16, 2013
Today, in the case of State v. Peterson, a panel of the North Carolina Court of Appeals (Hunter, Robert C.; Stroud; Ervin) unanimously affirmed the trial court's order granting Michael Peterson's motion for appropriate relief and granting him a new trial...

Court of Appeals Opinions

Posted on July 16, 2013
The North Carolina Court of Appeals released opinions this morning.  They are available for viewing here.

North Carolina Supreme Court Clarifies Rule Regarding "Initiation of Proceedings" in Context of Malicious Prosecution Claim

Posted on June 19, 2013
In N.C. Farm Bureau Mutual Insurance Co. v. Cully?s Motorcross Park, Inc., the North Carolina Supreme Court recently clarified an important rule regarding when a third party who provides investigative information to law enforcement may be held liable for malicious prosecution...

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.

Womble Carlyle Attorneys Obtain Reversal of Judgment for Client

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 to the remaining defendant on the issue of damages.  The case is Scheerer v. Fisher.  Womble Carlyle attorneys Burley Mitchell and Bob Numbers represented Highland Forest Partners in this appeal...

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...

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...

Today at the Supreme Court (3/15/11)

Posted on March 15, 2011
Today, Tuesday, March 15, 2011, the North Carolina Supreme Court will hear oral arguments in the following cases:State v. Yencer - Whether the First Amendment precludes private colleges and universities who have a religious history and tradition from having a campus police force that exercises the State's arrest power...

COA Opinions

Posted on March 15, 2011
Today the Court of Appeals released 19 published opinions, 11 of them civil, two juvenile, and six criminal. We'll have more on the relevant cases from this batch shortly.

Today at the Supreme Court (3/14/11)

Posted on March 14, 2011
Today, Monday, March 14, 2001, the North Carolina Supreme Court will hear oral arguments in the following cases:Conner v. NC Council of State - Section 15-188 of the North Carolina General Statutes require the superintendent of Central Prison in Raleigh to "cause to be provided, in conformity with this Article and approved by the Governor and Council of State, the necessary appliances for the infliction of the punishment of death and qualified personnel to set up and prepare the injection, administer the preinjections, insert the IV catheter, and to perform other tasks required for this procedure in accordance with the requirements of this Article...

Supreme Court Opinions

Posted on March 11, 2011
While many in North Carolina consider the Friday of the ACC Tournament to be a holiday, the North Carolina Supreme Court does not.  Today, the North Carolina Supreme Court issued opinions in four cases.  We will have more on any cases of interest after the basketball games are over later.

Today at the Court of Appeals (3/10/11)

Posted on March 10, 2011
Today, Thursday, March 10, 2011, a panel of the North Carolina Court of Appeals comprised of Judges Stroud, Robert N. Hunter, Jr., and Thigpen will hear oral argument in the following case:Meehan v. American Media International, LLC - Dr. Brian Meehan is one of an extensive list of individuals who were negatively impacted by their association with what has become known as the Duke Lacrosse Case...

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