North Carolina Business Litigation Report

Blitz v. Xpress Image, Inc., 2007 NCBC 9 (N.C. Super. Apr. 13, 2007)(Diaz)

The Court considered a rarity here, a Motion to Dismiss an appeal. Trial courts have jurisdiction to consider such motions until the Record on Appeal is filed.

The Court granted the Motion to Dismiss because plaintiff had failed to take various actions required by the Rules of Appellate Procedure, including ordering a transcript, contacting opposing counsel about settling the Record on Appeal, or serving a proposed Record on Appeal.

The appeal would have been an interlocutory one, from the denial of class certification, and the Court held that the dismissal was without prejudice to the filing of an appeal upon the entry of final judgment.

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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