CFE agenda 101215 - Laserfiche WebLink

Browse Search

SENATE BILL 119 RATIFIED BILL AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER AMENDMENTS TO THE STATUTES AND SESSION LAWS. The General Assembly of North Carolina enacts: PART I. TECHNICAL CORRECTIONS RECOMMENDED BY THE GENERAL STATUTES COMMISSION SECTION L(a) G.S. 1- 267.1(d) reads as rewritten: "(d) This section applies only to civil proceedings. Nothing in this section shall be deemed to apply to criminal proceedings, to proceedings under Chapter 15A of the General Statutes, to proceedings making a collateral attack on any judgment entered in a criminal proceeding, or to appeals f e ^rd °r^ of the trial ^ ufts per -t fining -to civil proceedings filed by a taxpayer pursuant to G.S. 105- 241.17." SECTION 1.(b) G.S. 7A -27 reads as rewritten: "§ 7A -27. Appeals of right from the courts of the trial divisions. (a) Appeal lies of right directly to the Supreme Court in any of the following cases: (1) All cases in which the defendant is convicted of murder in the first degree and the judgment of the superior court includes a sentence of death. (2) From any final judgment in a case designated as a mandatory complex business case pursuant to G.S. 7A -45.4 or designated as a discretionary complex business case pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts. (3) From any interlocutory order of a Business Court Judge that does any of the following: a. Affects a substantial right. b. In effect determines the action and prevents a judgment from which an appeal might be taken. C. Discontinues the action. d. Grants or refuses a new trial. (al) Appeal lies of right directly to the Supreme Court from any order or judgment of a court, either final or interlocutory, that holds that an act of the General Assembly is facially invalid on the basis that the act violates the North Carolina Constitution or federal law. Nothing in this P°etion - subsection shall be deemed to apply to appeals from orders of the trial courts pertaining to criminal proceedings, to proceedings under Chapter 15A of the General Statutes, to proceedings making a collateral attack on any judgment entered in a criminal proceeding, or to appeals from orders of the trial courts pertaining to civil proceedings filed by a taxpayer pursuant to G.S. 105- 241.17. (b) dal- Except as provided in subsection (a ) or (al) of this section, appeal lies of right directly to the Court of Appeals in any of the following cases: (1) From any final judgment of a superior court, other than the er° desef ibed it 4seetio (a) of this seetion, or- ne based on a plea of guilty or nolo contendere, including any final judgment entered upon review of a decision of an administrative agency, except for a final judgment entered upon review of a court martial under G.S. 127A -62. (2) From any final judgment of a district court in a civil action.