Usually, appellate counsel can confidently say that a grant of
partial summary judgment, standing alone, will not allow for an interlocutory appeal. A complete grant of summary judgment is a final, appealable judgment, but a partial grant is usually not appealable until the end of the case. A recent published opinion from the Court of Appeals, however, staked out a new path.
In
Woody v. Vickrey, the litigants disputed whether Woody was competent to revoke a trust agreement and convey property. The trial court granted summary judgment to the defendant-trustee on all the claims involving Woody’s competency, determining that there was no genuine dispute that Woody was in fact incompetent to revoke the trust and convey property to family members.
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In the first three weeks of 2021, I have heard nothing but positive feedback about the Supreme Court’s transcript-related rules updates–previously blogged about here.
In more good news, the Supreme Court’s Office of Administrative Counsel has published an updated codification of the North Carolina Rules of Appellate Procedure incorporating the November 2020 transcript-related amendments. Remember, however, that these amended rules only apply to cases appealed on or after 1 January 2021. To help smooth this transition, the North Carolina Rules of Appellate Procedure’s webpage has been updated to include prior codifications that have been superseded.