Entries by Appellate

A celebration so historic that it belongs in a museum: The North Carolina Supreme Court Bicentennial Gala and Museum of History Exhibit.

By Jeff Kelly Earlier this year, our Immediate Past Chair Gregg F. Schwitzgebel III wrote about the significant commemorative period for the North Carolina Judicial System and noted that the celebrations for the 200th anniversary of the North Carolina Supreme Court had only just begun. Throughout 2019, the North Carolina Judicial Branch’s observation of the […]

Appellate Practice Section Social on September 12 in Raleigh

By Jeff Kelly In less than two weeks, the Appellate Practice Section is bidding farewell to summer with a social at The Raleigh Times! Appellate Practice Section Fall Social Thursday, September 12, 2019 5:00 – 7:00 p.m. The Raleigh Times 14 E. Hargett St. Raleigh, NC 27601 Our Fall Social is an excellent opportunity to […]

Appellate Case Roundup

By Joe Murray The appellate courts have been busy this summer. Unfortunately, none of the opinions are very enjoyable to read—unless you love technical opinions on ERISA, SOX, and the MSPB. Pense v. MD Dep’t of Public Safety, No. 18-1554 (4th Cir. June 11, 2019) (11th Amendment): Just a reminder when bringing claims under state […]

Join Us At Our Inaugural Lunch & Learn On Friday, June 14

By Gregg F. Schwitzgebel III Fellow Appellate Practice Section members─ I’m writing in regard to a few upcoming events in the life of our section. First and foremost, I’m writing to invite you, and your colleagues and friends, to our Section’s first-ever Lunch & Learn, beginning at noon Friday, June 14 at the NC Bar […]

An Historic Quarter at the Supreme Court of North Carolina

By Gregg F. Schwitzgebel III The members of the NCBA Appellate Practice Section respectfully recognize and honor that the year 2019 marks a crescendo in a highly significant commemorative period for the North Carolina Judicial System, with 2016-2019 milestones including the 50th anniversaries of the unified court system (2016), the District Court (2016), the North […]

Substantial Confusion? The Lessons From Ramsey v. Ramsey

By Jon Ward A recent case from the North Carolina Court of Appeals, Ramsey v. Ramsey, published Feb. 5, 2019 (No. COA18-600) not only serves as a cautionary tale for practitioners but may also lead to important guidance from North Carolina’s appellate courts regarding the dismissal of appeals. In short, Judge Zachary, writing for the […]

Permanent Home for NC Rules of Appellate Procedure on NC Courts Webpage

By Gregg F. Schwitzgebel III Please know there is now a dedicated page on the North Carolina Courts website for the N.C. Rules of Appellate Procedure: https://www.nccourts.gov/courts/supreme-court/court-rules/north-carolina-rules-of-appellate-procedure On this page, one has access to an up-to-date codification (7 January 2019 version, attached) of the Rules, as well as to slip orders that have yet to […]