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 do not have a jury and do not evaluate guilt, innocence, or liability – but they do evaluate whether the trial court made any mistakes in interpreting and applying the law or in legal procedure.

The Pinto Coates Kyre & Bowers firm does not typically view “Appellate Practice” as a discrete practice area, since every lawsuit has the potential to be appealed, and all of our attorneys are capable of handling an appeal. We have 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 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, along with extensive research and comprehensive knowledge of the legal principles involved. Our firm presents such arguments and undertakes such legal research, and we have the knowledge and experience that will increase the chances of our clients prevailing on appeal.

Attorneys Who Have a Special Interest in Appellate Matters:

Legal Decisions of Interest

  • A recent opinion out of the Texas Supreme Court has recently been the subject of a lot of commentary around the insurance coverage and construction world. The case is Ewing Construction Co. v. Amerisure Insurance Co., and it came before the Texas Supreme Court on certification of questions from the Fifth Circuit (Ewing Constr. Co. […]In cases involving construction defect claims (and potentially other types of claims), the insurance policy that is implicated is a very important issue.  The issue of whose policy and/or which policy is “on the risk” for a particular claim is most often referred to as “trigger of coverage”.  Some states’ laws allow all policies in […]
  • In connection with a discovery dispute between the parties, the Court of Appeals held that a blanket general objection asserted by the defendants based on “the attorney/client privilege, the work product doctrine, or any other applicable privilege or doctrine” was inadequate to effect the intended purpose of the objection. The Court noted that even though […]In a lawsuit involving a mobile home park tenant assaulted by another tenant, the Court of Appeals stated that although North Carolina law has recognized a landowner’s duty to exercise reasonable care to protect tenants from foreseeable third-party criminal acts, such a duty did not include a duty to evict a tenant, and although other […]
  • In a medical malpractice lawsuit brought by the parents of a deceased child alleging that defendant doctors were negligent in failing to discover lacerations to the child’s liver at the hospital following a car accident, the Court of Appeals agreed that the parents’ expert witness’ testimony was not improperly speculative, even though the expert used […]The North Carolina Supreme Court “adopted” the reasoning of the dissenting Court of Appeals judge and hence held that the age of a lawful visitor injured on property naturally occurring (a creek), in and of itself, did not impose a higher standard of care on the property owner, because such a heightened level of care […]
  • In a product liability action involving a self-propelled wheelchair that caught fire, resulting in the house to catch on fire and burning Plaintiff’s decedent, the Court of Appeals held that the defense of “insulating negligence” (by which a defendant is insulated from liability by an independent act of another) does not apply where it is […]The Court of Appeals, asserting that it was following established law, declined to allow damages for the loss of a pet dog based upon a strong emotional bond the owners had with the dog, and instead damages were generally limited to the cost of “replacing” the dog, since the Court viewed the dog as merely […]
  • Although Plaintiff filed the Complaint without it being signed and ordinarily that would result in the action being deemed not to have been properly instituted, Plaintiff’s prompt remedial measures of filing an amended, signed Complaint corrected the deficiency, and the amended Complaint related back to the commencement of the action for purposes of timeliness. Estate […]

Read More  >>>>    

Office Location

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