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 & Brown 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

  • The N.C. Supreme Court held that a liability insurance company had no duty to defend its insured in a trademark infringement action where the claims asserted were not covered by the CGL policy because the claims that the insured misrepresented … Continue reading
  • Unfair and deceptive dealings among business partners are not deemed as having occurred “in commerce” and hence they do not give rise to a claim between such partners under the Unfair and Deceptive Trade Practices Act.  White v. Thompson, No. … Continue reading
  • Appeal to the Court of Appeals was dismissed because the appellant failed to serve parties in the case who did not appeal. Lee v. Winget Road, LLC, No. COA09-828 (N.C. App. May 18, 2010).  Click here for a copy of … Continue reading
  • Where a county’s liability insurance policy excluded coverage of any claim that would be barred by governmental immunity, that county has not waived the governmental immunity defense even though it had purchased the liability insurance policy. Estate of Early v. … Continue reading
  • An employer is not liable for an injury caused by an off-duty employee even though the negligent act of the employee and the resulting injury occurred on the employer’s premises.  Matthews v. Food Lion, LLC, No. COA10-73 (N.C. App. July … Continue reading
  • The appellate court reiterated the established principle that a plaintiff who brings a personal injury action alleging that he sustained and will continue to suffer physical and mental/emotional pain has impliedly waived his physician-patient privilege.  Lowd v. Reynolds, No. COA09-505 … Continue reading
  • The trial court properly ordered that one of two contested wills be deemed the valid and enforceable one without a trial as a sanction for one of the party’s failure to comply with a court order to respond to written … Continue reading
  • A claim involving an alleged invalid warrant was properly dismissed for failure to state a claim pursuant to Rule 12(b)(6) where the Complaint set for merely the conclusory allegation that the warrant was insufficient, and there were no allegations explaining … Continue reading

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Office Location

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