North Carolina Appellate Blog
This blog highlights developments in the appellate courts that affect business interests in North Carolina. We concentrate on civil decisions of the North Carolina Supreme Court and the North Carolina Court of Appeals, as well as civil decisions of the U.S. Court of Appeals for the Fourth Circuit that interpret or apply North Carolina substantive law.
1 Comments:
The Azar decision seems to be the first post-Dogwood opinion where the CoA found nonjurisdictional violations to be "substantial" or "gross" and taxed costs on an appellant as a result. Most other opinions since Dogwood just caution/admonish counsel in what seems to be a trend by most of the CoA judges to be overly cautious to sanction attorneys in any meaningful way for rules violations. Certainly, an exception to that pattern though would be Judge Stephen's dismissal of today's unpublished decision in Household Realty -- the dismissal was based, at least in part, on a 28(b)(6) violation (specifically, an overbroad assignment of error).
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