Posts

Substantial Confusion? The Lessons From Ramsey v. Ramsey

By Jon Ward

A recent case from the North Carolina Court of Appeals, Ramsey v. Ramsey, published Feb. 5, 2019 (No. COA18-600) not only serves as a cautionary tale for practitioners but may also lead to important guidance from North Carolina’s appellate courts regarding the dismissal of appeals. In short, Judge Zachary, writing for the majority, dismissed the appeal for myriad gross violations of the Rules of Appellate Procedure. What separates this case from the other progeny of Dogwood Dev. & Mgmt. Co. v. White Oak Transp. Co., 362 N.C. 191, 657 S.E.2d 361 (2008) is that Judge Dillon issued a thought-provoking dissent, which now serves as a basis for the plaintiff-appellant’s motion for a hearing en banc. While this case may raise many questions while providing few concrete answers, it is worthy of review and continued observation for several reasons.

Read more