Appellate practice means handling appeals on behalf of the appellant (the appealing party) or the appellee (the party defending against an appeal).
Although each appeal is unique, the typical appeal is from a trial court (the local county courthouse where your case is filed) to the N.C. Court of Appeals. Each appeal is assigned to a panel of three Court of Appeals judges. Both sides submit written arguments (called briefs). Occasionally, an appeal is also selected for oral argument at the Court of Appeals’ building in downtown Raleigh.
If the panel decides the appeal unanimously (3-0), that likely concludes the appeal, and the case goes back to the trial level to address what (if anything) remains. The N.C. Supreme Court can accept appeal of a unanimous decision, but that is pretty rare.
If the panel’s decision is split (2-1), then the losing party has an automatic right to appeal further to the N.C. Supreme Court. If the losing party exercises this right, then there is another round of briefs, and maybe oral argument, with the Supreme Court. The Supreme Court’s decision is final as to any issue of North Carolina law.
If you need to pursue or defend an appeal, please give us a call: 919-934-1575. L3 would love to have a conversation with you to explore your options.
If you’re an attorney with a client facing an appeal, please call us. L3 would be happy to work collaboratively with you, at a reasonable cost, to achieve the best result for your client; and if anything remains after appeal, to send you back to the trial court with your client so that you can do what you do best.