NC Personal Injury Attorneys Setting the Standard

Appellate Practice

Appellate Law, also known as the appeals process, is the system of rules and procedures used by higher courts (such as the North Carolina Supreme Court and the North Carolina Court of Appeals) to review judgments previously entered by lower trial courts. These appeals occur when one of the parties involved in the case claims an error was made in the trial court's decision or process. What makes appellate law unique is that appellate courts don't have a jury and do not evaluate guilt, innocence or liability – but they do evaluate whether the trial court made any mistakes in interpreting the law or in legal procedure.

Successful appellate attorneys must have extensive experience with the appellate court system, because in many cases seemingly minor technical infractions can make or break an appeal. An appellate attorney must anticipate the court's reaction to each case, and how likely it is that each client's situation will be deemed worthy of appeal.

The North Carolina law firm of Pinto Coates Kyre & Brown, PLLChas handled appellate cases on behalf of numerous clients before the North Carolina appellate courts and before the United States Court of Appeals for the Fourth Circuit. Our attorneys understand how to effectively prepare appellate cases because we have consistently done so – and our clients benefit from our experience in this complex area of law. In most of our practice areas, we have represented both clients bringing suit and those facing claims, which enables us to look at an appellate case from a well-rounded perspective and develop a more effective approach for each client.

Appellate cases are often won or lost based upon an attorney's ability to craft persuasive and solid legal arguments to present to the higher courts; these arguments must include extensive research and comprehensive knowledge of the legal principles involved. At our firm, our attorneys build detailed arguments based upon hours of research and years of experience – and our clients come to the table armed with an effective strategy designed with their best interests in mind.

If you need legal representation for an appellate case in the state of North Carolina, the attorneys at Pinto Coates Kyre & Brown, PLLC are ready to help. Please contact us in our Greensboro offices at 336.282.8848 to schedule an appointment.

Legal Decisions of Interest

  • Plaintiff’s appointment as administratrix of a decedent’s estate the day after her complaint was filed and after the statute of limitations had run related back to the filing of the summons and therefore her wrongful death claim was not barred by the statute of limitations. Tallman v. City of Gastonia, No. COA08-1021 (N.C. App. Sept. 15, 2009). Click here for a copy of the case opinion.
  • Punitive damages upheld when Court believed there was sufficient evidence that defendant’s restaurant manager’s conduct was willful and wanton based upon his conduct toward plaintiff at the restaurant. Everhart v. O’Charley’s Inc., No. COA08-1454 (N.C. App. Oct. 6, 2009). Click here for a copy of the case opinion.
  • Plaintiff (representative of deceased employee) failed in her burden of forecasting evidence that a parent company affirmatively undertook to provide a safe working environment at the parent company’s subsidiary plant, beyond concern or minimal contact about safety matters, and the parent company did not assume primary responsibility for industrial safety at the subsidiary’s plant.  Edwards v. GE Lighting Systems, Inc., No. COA09-247 (N.C. App. Nov. 3, 2009). Click here for a copy of the case opinion.
  • Plaintiff allowed to pursue claim to have “corporate veil” pierced of defendant company so that the obligation on a note by individual owning 99% of the stock of the defendant company could be satisfied from assets of defendant company, even though the company did not participate in the making of the note giving rise to the owner’s obligation. Fischer Investment Capital, Inc. v. Catawba Development Corp., No. COA08-1407 (N.C. App. Nov. 3, 2009). Click here for a copy of the case opinion.
  • Homeowners Association did not owe to a minor who was struck while riding his bike by a vehicular driver a legal duty to maintain the foliage in the common area of the housing subdivision. Fairbanks v. Brewington, No. COA09-237 (N.C. App. Jan. 19, 2010).  Click here for a copy of the case opinion.
  • Plaintiff was contributorily negligent when she tripped over an end table at a hospital, and she presented no evidence that her attention was diverted as she was walking. Snow v. Wake Forest University Baptist Medical Center, No. COA09-189 (N.C. App. Jan. 19, 2010). Click here for a copy of the case opinion.
  • Where the Complaint was not frivolous based upon the facts and the law, but because Plaintiff had a history of filing frivolous pleadings in general and against Defendant in particular, the trial court could conclude that Plaintiff filed the Complaint for an improper purpose. Ward v. Jett Properties, LLC, No. COA08-1508 (N.C. App. Feb. 2, 2010). Click here for a copy of the case opinion.
  • Where the plaintiff mother alleged that the city was negligent by failing to comply with safety statutes and city ordinances regulating the maintenance of city streets, obstructions to vision and traffic, and parking regulations, and she did not seek to recover damages for the death of her child based on a law enforcement agency's failure to exercise its general duty to protect the public, she was not barred by the public duty doctrine.  Beckles-Palomares v. Logan, No. COA09-567 (N.C. App. Feb. 2, 2010). Click here for a copy of the case opinion.
  • The improvement-to-real-property statute of repose does not apply to a claim against a city for failing to maintain its streets because a city has the duty to exercise a continuing supervision over its streets in order that it may know their condition and it is held to have knowledge of a defect which such inspection would have disclosed to it. Beckles-Palomares v. Logan, No. COA09-567 (N.C. App. Feb. 2, 2010). Click here for a copy of the case opinion.

Office Location

Phone:
336.282.8848
Fax:
336.282.8409
3203 Brassfield Road Greensboro, NC 27410
NC Personal Injury Lawyers