A Typical Notice of Appeal to the Supreme Court
Notes on Notice of Appeal to the Supreme Court:
For appeals of right from the Court of Appeals to the Supreme Court, the Notice of Appeal is filed with the Clerk of the Court of Appeals and with the Clerk of the Supreme Court. See N.C. R. App. P. 14(a). To the right of the parties' names should appear at least the Court of Appeals docket number. The Rules and Appendixes are not clear on whether other information should be included as well. See N.C. R. App. P. Appendix B. The appellant must include a "clear copy of the opinion of the Court of Appeals" with a Notice of Appeal to the Supreme Court. See N.C. R. App. P. Appendix D. For appeals of right to the Supreme Court based on a constitutional question, see N.C. Gen. Stat. § 7A-30(1) (2017), the Appendixes contain a detailed example of the kind of description of the issue that the Court requires. See N.C. R. App. P. Appendix D. If the appellant wishes to present issues beyond those that formed the basis of the dissenting opinion in the Court of Appeals, the appellant must do so by filing a petition for discretionary review as to the additional issues. See N.C. R. App. P. 14, 15, Appendix D. Such a petition may be filed with the Notice of Appeal, in a separate paper, or may be contained within the Notice of Appeal itself. See N.C. R. App. P. 14(b)(1).No. _________ TWENTY-FOURTH DISTRICT
SUPREME COURT OF NORTH CAROLINA
***************************************
[Plaintiff's Name as in Final Judgment or Order on Appeal], | From Avery County [Case Number from Court of Appeals] |
Plaintiff, | |
v. | |
[Defendant's Name as in Final Judgment or Order on Appeal], | |
Defendant. |
NOTICE OF APPEAL BASED ON DISSENT IN NORTH CAROLINA COURT OF APPEALS PURSUANT TO N.C. GEN. STAT. § 7A-30(2) & N.C. R. APP. P. 14
TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA
Plaintiff [name] hereby appeals to the Supreme Court of North
Carolina from the judgment of the Court of Appeals, issued on 6 December 2022, which was entered with a dissent by the Honorable Suzy McGillicutty. The Court of Appeals' opinion and dissent in this case are attached hereto as EXHIBIT A. The dissent by Judge McGillicutty was based on the following issues, which Plaintiff will present to the Supreme Court of North Carolina for appellate review:
I. Did the Court of Appeals' majority err in affirming the district court's award of alimony to Defendant?
II. Did the Court of Appeals' majority err in affirming the district court's award of 83% of the marital estate to Defendant in equitable distribution?
This the _____ day of __________, 2022.
[LAW FIRM NAME, if any, and only if counsel is retained and not appointed]
By: Electronically submitted
_____________________________
[Name of Counsel]
Attorney for Plaintiff-Appellant
160 N. Main Street
Newland, NC 28786
(828) 456-1245
State Bar No. 12345
lawyer@lawfirm.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he served a copy of the foregoing NOTICE OF APPEAL on the opposing party by depositing a copy, contained in a first-class, postage-paid wrapper, into a depository under the exclusive care and custody of the United States Postal Service, addressed as follows:
[Name and address of opposing counsel]
This the _____ day of __________, 2022.
By: Electronically submitted
________________________
[Name of Counsel]