Archive

• Big Changes to Appeals of A/N/D – TPR Orders Designated in G.S. 7B-1001

  This entry was contributed by Sara DePasquale on March 25, 2019 at 11:22 am and is filed under Child Welfare Law.

  On January 1, 2019, the process to appeal abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) orders designated in G.S. 7B-1001 changed significantly. Amendments to G.S. 7B-1001 now require that some orders be appealed directly to the NC Supreme Court, bypassing the Court of Appeals (COA). Other orders have new notice of appeal and timing requirements. Amendments to the North Carolina Rules of Appellate Procedure (Rules) also became effective on January 1^st and impact appeals of all orders including those designated in G.S. 7B-1001.

  Last week, I attended the Supreme Court’s CLE program, “Information about Termination of Parental Rights Cases and the Rules of Appellate Procedure.” As I listened to the justices and other speakers, I started to hear David Bowie singing “ch-ch-ch-changes.” There are a lot of changes and procedures that you need to know. Continue Reading

• Appeal Deadlines and Tolling under Rule 3(c)(2): Don’t Be So Sure!

  This entry was contributed by Ann Anderson on April 6, 2016 at 5:00 am and is filed under Appeals, Civil Practice, Civil Procedure-General, Jurisdiction.

  Even if you don’t know much about North Carolina’s Rules of Appellate Procedure, you probably know this:  There’s a 30-day time frame in which to appeal a civil judgment, and this deadline is jurisdictional—an untimely notice of appeal “mandates dismissal” of the appeal.  E.g., Bailey v. State, 353 N.C. 142, 156 (2000).  In other words, Thou Shalt Not Miss Thy Appeal Deadline.  Naturally, then, a would-be appellant needs to know when the 30-day appeal period begins and ends.

  The general time requirement is set out in Rule 3(c)(1), which makes clear that the notice of appeal must be filed and served within 30 days after entry of judgment as long as “the party has been served with a copy of the judgment within the three-day period prescribed by Rule 58 of the Rules of Civil Procedure.”  (Served pursuant to Rule 5 within three days of entry of judgment.)  Under Rule 3(c)(2), however, when the party is not served within that three day period, the notice of appeal must be filed and served within 30 days “after service upon the party of a copy of the judgment.”

  By the plain language of Rule 3(c)(2), a party not served within three days would be led to think that its 30-day appeal clock starts when service is made.  Not so fast.  In a series of fairly recent opinions, the Court of Appeals has held that, if the appellant had some sort of actual notice of the judgment during those three days after its entry, Rule 3(c)(2) does not apply.  If there was actual notice, the 30 days instead began to run upon entry of judgment.  Here, in brief, are the opinions: Continue Reading