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Appellate Litigation - Smith Debnam Attorneys at Law
Appellate Litigation - Smith Debnam Attorneys at Law
Appellate Litigation - Smith Debnam Attorneys at Law

Appellate Litigation

Overview

Smith Debnam’s appellate practice team handles cases brought before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the United States Court of Appeals for the Fourth Circuit. We offer a full suite of appellate services, including prosecuting and defending direct appeals, handling certiorari petitions and extraordinary writs, and serving as counsel to organizations and individuals wishing to file amicus briefs on important issues in cases already pending before the appellate courts.

Our appellate team has the experience and insight to determine when an appeal is necessary, and which issues and arguments to pursue before the appellate panel in order to obtain favorable results for our clients. While a portion of our appellate caseload comes from matters that the firm handled at the trial level, our attorneys also consult with and handle matters referred to us by trial counsel.

Our team handles appellate matters in a wide range of practice areas, including family law, corporate law, consumer financial services, real estate, employment law, and criminal matters. We are able to accommodate various pricing structures, including hourly and flat-fee arrangements.


COMMERCIAL LITIGATION  – APPELLATE REPRESENTATIVE CASES

Westland Grp., Inc. v. Ascentium Capital, LLCNo. COA 20-356, 2021 N.C. App. LEXIS 157 (N.C. App. Apr. 20, 2021)

Smith Debnam successfully represented the defendant-appellee financing company in a matter involving the enforcement of a guaranty. Greatamerica Fin. Servs. Corp. v. Lillington Family Chiropractic, PA, 249 N.C. App. 463, 791 S.E.2d 663 (2016)

Smith Debnam represented the appellee judgment creditor in a matter involving the proper enforcement of a foreign judgment under the Uniform Enforcement of Foreign Judgment Act. First Fed. Bank v. Aldridge230 N.C. App. 187, 749 S.E.2d 289 (2013)

Smith Debnam represented appellee bank in North Carolina Court of Appeals regarding whether the bank was a holder of a promissory note under Article 3 of the North Carolina Commercial Code. Foot Locker, Inc. v. Best230 N.C. App. 143, 752 S.E.2d 260 (2013)

Smith Debnam successfully represented employer-appellant in the North Carolina Court of Appeals in a matter regarding breach of an employment contract.LexisNexis, Div. of Reed Elsevier, Inc. v. Travishan Corp.155 N.C. App. 205, 573 S.E.2d 547 (2002)

Smith Debnam successfully represented creditor cross-appellant in a matter involving whether a corporation may represent itself in North Carolina’s trial courts. Coastal Leasing Corp. v. T-Bar S Corp., 128 N.C. App. 379, 496 S.E.2d 795 (1998)

Smith Debnam represented the appellee leasing company in a matter regarding the enforcement of a liquidated damages provision under Article 2A of the North Carolina Commercial Code. Barclays Bank PLC v. Johnson129 N.C. App. 370, 400 S.E.2d 768 (1998)

Smith Debnam represented the appellant bank regarding its status as a holder in due course under Article 3 of the North Carolina Commercial Code.

CONSTRUCTION LITIGATION  – APPELLATE REPRESENTATIVE CASES

Jordan’s Constr., Inc. v. Forest Springs, LLC, 225 N.C. App. 654, 738 S.E.2d 454 (2013)

Smith Debnam represented an appellee construction company in a matter affirming summary judgment in favor of its client. Emmanuel African Methodist Episcopal Church v. Reynolds Constr. Co.217 N.C. App. 176, 718 S.E.2d 201 (2011)

Smith Debnam successfully represented the general contractor appellant in a matter reversing the trial court’s denial of its client’s motion to compel arbitration. Martin Architectural Prods., Inc. v. Meridian Constr. Co., 155 N.C. App. 176, 574 S.E.2d 189 (2002)

Smith Debnam represented the appellant landowner in a matter regarding a disputed claim of lien and claim of lien on funds arising from a construction dispute.

CONSUMER FINANCIAL SERVICES  – APPELLATE REPRESENTATIVE CASES

Townes v. Portfolio Recovery Assocs., LLC854 S.E.2d 146 (N.C. Ct. App. 2020)

Smith Debnam served as amicus counsel in a matter involving the correct interpretation of North Carolina’s debt buyer statute. Spencer v. Portfolio Recovery Assocs., LLC, 263 N.C. App. 219, 822 S.E.2d 739 (2018) petition for discretionary review denied, 372 N.C. 290, 826 S.E.2d 707 (2019)

Smith Debnam successfully represented the appellee debt buyer in a matter involving North Carolina’s debt buyer statute and the interlocutory nature of the appellant’s appeal. Discover Bank v. Rogers269 N.C. App. 109, 836 S.E.2d 346 (N.C. App. 2019), petition for disc review denied, 374 N.C. 270, 839 S.E.2d 850 (2020)

Smith Debnam successfully represented a credit card provider in the North Carolina Court of Appeals and Supreme Court in a consumer’s attempt to overturn a trial court’s judgment. Advantage Assets, Inc. II v. Howell190 N.C. App. 443, 663 S.E.2d 8 (2008)

Smith Debnam successfully represented the appellee debt buyer in a matter involving the enforcement of an arbitration award.

FAMILY LAW – APPELLATE REPRESENTATIVE CASES

Alexander v. AlexanderNo. COA19-391, 2021 N.C. App. LEXIS 68 (Mar. 16, 2021)

Smith Debnam served as co-counsel for the defendant appellees in a matter contesting grandparents’ standing to seek statutory visitation rights, addressing the award of specific visitation rights to grandparents, and an award of attorney’s fees to grandparents in the context of a child custody action.Sfreddo v. Hicks266 N.C. App. 84, 831 S.E.2d 353 (2019)

Smith Debnam successfully represented the spouse in a matter regarding the enforceability of a separation and property settlement agreement. In re J.L.264 N.C. App. 408, 826 S.E.2d 258 (2019)

Smith Debnam represented guardian appellees in a matter regarding custody of the minor child. Hayes v. Waltz, 246 N.C. App. 438, 784 S.E.2d 607 (2016)

Smith Debnam represented the husband in cross-appeals of the trial court’s judgment in an alienation of affections case. Gandhi v. Gandhi244 N.C. App. 208, 779 S.E.2d 185 (2015)

Smith Debnam successfully represented the plaintiff-appellant mother in a matter involving civil contempt arising from a Consent Order for Equitable Distribution. Barton v. Barton215 N.C. App. 235, 715 S.E.2d 529 (2011)

Smith Debnam represented the husband appellee in a matter involving the enforceability of an arbitration award entered pursuant to North Carolina’s Family Law Arbitration Act.

REAL ESTATE – APPELLATE REPRESENTATIVE CASES

Henderson v. Motorrad248 N.C. App. 121, 789 S.E.2d 569 (2016)

Smith Debnam represented the appellee lessee in an appeal of the dismissal of action regarding a commercial lease dispute which was affirmed in part and reversed in part. Barbour v. Pate229 N.C. App. 1, 748 S.E.2d 14 (2013)

Smith Debnam represented the landowner appellee in an appeal of a nonjury judgment in favor of its client regarding the scope of an easement.

WILLS AND ESTATES – APPELLATE REPRESENTATIVE CASES

In re Will of Sabol2020 N.C. App. LEXIS 852 S.E.2d 733 (N.C. App. 2020)

Smith Debnam represented caveators-appellants in the North Carolina Court of Appeals in a matter which was partially reversed and remanded to the trial court on the issue of undue influence.

Experience

COMMERCIAL LITIGATION  – APPELLATE REPRESENTATIVE CASES

Westland Grp., Inc. v. Ascentium Capital, LLCNo. COA 20-356, 2021 N.C. App. LEXIS 157 (N.C. App. Apr. 20, 2021)

Smith Debnam successfully represented the defendant-appellee financing company in a matter involving the enforcement of a guaranty.

Greatamerica Fin. Servs. Corp. v. Lillington Family Chiropractic, PA, 249 N.C. App. 463, 791 S.E.2d 663 (2016)

Smith Debnam represented appellee judgment creditor in a matter involving the proper enforcement of a foreign judgment under the Uniform Enforcement of Foreign Judgment Act.

First Fed. Bank v. Aldridge230 N.C. App. 187, 749 S.E.2d 289 (2013)

Smith Debnam represented appellee bank in North Carolina Court of Appeals regarding whether the bank was a holder of a promissory note under Article 3 of the North Carolina Commercial Code.

Foot Locker, Inc. v. Best230 N.C. App. 143, 752 S.E.2d 260 (2013)

Smith Debnam successfully represented employer-appellant in the North Carolina Court of Appeals in a matter regarding breach of an employment contract.

LexisNexis, Div. of Reed Elsevier, Inc. v. Travishan Corp.155 N.C. App. 205, 573 S.E.2d 547 (2002)

Smith Debnam successfully represented creditor cross-appellant in a matter involving whether a corporation may represent itself in North Carolina’s trial courts.

Coastal Leasing Corp. v. T-Bar S Corp., 128 N.C. App. 379, 496 S.E.2d 795 (1998)

Smith Debnam represented the appellee leasing company in a matter regarding the enforcement of a liquidated damages provision under Article 2A of the North Carolina Commercial Code.

Barclays Bank PLC v. Johnson129 N.C. App. 370, 400 S.E.2d 768 (1998)

Smith Debnam represented the appellant bank regarding its status as a holder in due course under Article 3 of the North Carolina Commercial Code.

 

CONSTRUCTION LITIGATION  – APPELLATE REPRESENTATIVE CASES

Jordan’s Constr., Inc. v. Forest Springs, LLC, 225 N.C. App. 654, 738 S.E.2d 454 (2013)

Smith Debnam represented an appellee construction company in a matter affirming summary judgment in favor of its client.

Emmanuel African Methodist Episcopal Church v. Reynolds Constr. Co.217 N.C. App. 176, 718 S.E.2d 201 (2011)

Smith Debnam successfully represented the general contractor appellant in a matter reversing the trial court’s denial of its client’s motion to compel arbitration.

Martin Architectural Prods., Inc. v. Meridian Constr. Co., 155 N.C. App. 176, 574 S.E.2d 189 (2002)

Smith Debnam represented the appellant landowner in a matter regarding a disputed claim of lien and claim of lien on funds arising from a construction dispute.

 

CONSUMER FINANCIAL SERVICES  – APPELLATE REPRESENTATIVE CASES

Townes v. Portfolio Recovery Assocs., LLC854 S.E.2d 146 (N.C. Ct. App. 2020)

Smith Debnam served as amicus counsel in a matter involving the correct interpretation of North Carolina’s debt buyer statute.

Spencer v. Portfolio Recovery Assocs., LLC, 263 N.C. App. 219, 822 S.E.2d 739 (2018) petition for discretionary review denied, 372 N.C. 290, 826 S.E.2d 707 (2019)

Smith Debnam successfully represented appellee debt buyer in a matter involving North Carolina’s debt buyer statute and interlocutory nature of the appellant’s appeal.

Discover Bank v. Rogers269 N.C. App. 109, 836 S.E.2d 346 (N.C. App. 2019), petition for disc review denied, 374 N.C. 270, 839 S.E.2d 850 (2020)

Smith Debnam successfully represented a credit card provider in the North Carolina Court of Appeals and Supreme Court in a consumer’s attempt to overturn a trial court’s judgment.

Advantage Assets, Inc. II v. Howell190 N.C. App. 443, 663 S.E.2d 8 (2008)

Smith Debnam successfully represented the appellee debt buyer in a matter involving the enforcement of an arbitration award.

 

FAMILY LAW – APPELLATE REPRESENTATIVE CASES

Alexander v. AlexanderNo. COA19-391, 2021 N.C. App. LEXIS 68 (Mar. 16, 2021)

Smith Debnam served as co-counsel for the defendant appellees in a matter contesting grandparents’ standing to seek statutory visitation rights, addressing the award of specific visitation rights to grandparents, and an award of attorney’s fees to grandparents in the context of a child custody action.

Sfreddo v. Hicks266 N.C. App. 84, 831 S.E.2d 353 (2019)

Smith Debnam successfully represented the spouse in a matter regarding the enforceability of a separation and property settlement agreement.

In re J.L.264 N.C. App. 408, 826 S.E.2d 258 (2019)

Smith Debnam represented guardian appellees in a matter regarding custody of the minor child.

Hayes v. Waltz, 246 N.C. App. 438, 784 S.E.2d 607 (2016)

Smith Debnam represented the husband in cross-appeals of trial court’s judgment in an alienation of affections case.

Gandhi v. Gandhi244 N.C. App. 208, 779 S.E.2d 185 (2015)

Smith Debnam successfully represented the plaintiff-appellant mother in a matter involving civil contempt arising from a Consent Order for Equitable Distribution.

Barton v. Barton215 N.C. App. 235, 715 S.E.2d 529 (2011)

Smith Debnam represented husband appellee in a matter involving the enforceability of an arbitration award entered pursuant to North Carolina’s Family Law Arbitration Act.

 

REAL ESTATE – APPELLATE REPRESENTATIVE CASES

Henderson v. Motorrad248 N.C. App. 121, 789 S.E.2d 569 (2016)

Smith Debnam represented the appellee lessee in an appeal of the dismissal of action regarding a commercial lease dispute which was affirmed in part and reversed in part.

Barbour v. Pate229 N.C. App. 1, 748 S.E.2d 14 (2013)

Smith Debnam represented landowner appellee in an appeal of a nonjury judgment in favor of its client regarding the scope of an easement.

 

WILLS AND ESTATES – APPELLATE REPRESENTATIVE CASES

In re Will of Sabol2020 N.C. App. LEXIS 852 S.E.2d 733 (N.C. App. 2020)

Smith Debnam represented caveators-appellants in the North Carolina Court of Appeals in a matter which was partially reversed and remanded to the trial court on the issue of undue influence.

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