Practice Areas

Litigation often does not end in the forum of first resort. Instead, many litigants in administrative, civil, and criminal disputes seek to achieve a different outcome through the appellate process. Successfully navigating this specialized process requires mastery of not only the facts and substantive law pertinent to a particular case, but also the unique rules governing appeals.

The attorneys of James, McElroy & Diehl possess the knowledge and acumen necessary to ably guide their clients through the complex appellate maze. We regularly help clients on appeal by drawing upon a considerable pool of combined experience gained both in practice and through prior service with judges at the trial and appellate level. The appellate decisions cited and summarized below further illustrate that our attorneys are well-equipped to represent their clients in both state and federal appellate courts in virtually any area of the law.

Cases in which the attorneys of James, McElroy & Diehl have provided successful appellate representation include, but are not limited to, the following:

Augusta Homes, Inc. v. Feuerstein, — N.C. App. –, 682 S.E.2d 247, 2009 WL 2501399 (2009) – Richard B. Fennell and John S. Arrowood successfully defended a $150,000 jury verdict for their client in a breach-of-contract dispute regarding the sale and development of real property.

United States Trust Co., N.A. v. Stanford Group Co., — N.C. App. –, 681 S.E.2d 512 (2009) – John R. Buric and Preston O. Odom, III, successfully obtained the reversal of an order denying their clients’ motion to compel arbitration for lack of sufficient findings of fact.

Batlle v. Sabates, — N.C. App. –, 681 S.E.2d 788 (2009) – William K. Diehl, Jr., and Irene P. King successfully defended several rulings that, among other things, dismissed the opposition’s motion to amend her complaint with prejudice and imposed sanctions against the opposition.

Lefever v. Taylor, — N.C. App. –, 681 S.E.2d 566, 2009 WL 2177323 (2009) – Fred B. Monroe successfully defended the trial court’s entry of summary judgment for his client in a real estate dispute.

Hodgin v. Brighton, — N.C. App. –, 674 S.E.2d 444 (2009) – Gary S. Hemric, Adam L. Ross, and Sarah M. Brady successfully defended the trial court’s entry of summary judgment for their clients in a dispute regarding setback requirements prescribed in restrictive covenants.

In re Papathanassiou, — N.C. App. –, 671 S.E.2d 572, disc. review denied, 363 N.C. 374, 678 S.E.2d 667 (2009) – Johnathan D. Feit and Sarah M. Brady successfully defended the trial court’s entry of summary judgment for their client in child legitimation action.

Watts v. N.C. Dep’t of Env’t and Natural Res., 362 N.C. 497, 666 S.E.2d 752 (2008) – John R. Buric and Preston O. Odom, III, successfully persuaded to Supreme Court of North Carolina to hold that the public duty doctrine did not preclude their client from recovering under the North Carolina Tort Claims Act.

Keystone Builders Res. Group, Inc. v. Town of Indian Trail, 191 N.C. App. 399, 663 S.E.2d 14, 2008 WL 2736430 (2008), disc. review denied, 363 N.C. 654, 685 S.E.2d 102 (2009) –  John R. Buric and Preston O. Odom, III, successfully defended the trial court’s denial of the municipality’s motion for summary judgment on the basis of governmental immunity.

State v. Rodrigo, 190 N.C. App. 661, 660 S.E.2d 615 (2008) – Jon P. Carroll successfully obtained the reversal of an adverse trial court ruling in a bond forfeiture proceeding.

State v. Lazaro, 190 N.C. App. 670, 660 S.E.2d 618 (2008) – Jon P. Carroll successfully obtained the reversal of an adverse trial court ruling in a bond forfeiture proceeding.

Capps v. NW Sign Indus. of North Carolina, Inc., 186 N.C. App. 616, 652 S.E.2d 372 (2007) – Richard B. Fennell and Jared E. Gardner successfully defended a favorable lower court ruling by obtaining the dismissal of the opposition’s appeal based on appellate rules violations.

Fairview Developers, Inc. v. Miller, — N.C. App. –, 652 S.E.2d 365 (2007), disc. review denied, — N.C. –, 654 S.E.2d 834 (2008) – Richard B. Fennell and Preston O. Odom, III, successfully defended the trial court’s grant of summary judgment in their client’s favor in a real estate dispute.

United States v. Lewis, 234 Fed.Appx. 95 (4th Cir. July 12, 2007) – Lawrence W. Hewitt and Jon P. Carroll successfully defended a 43% downward variance sentence imposed in a federal criminal case.

Megremis v. Megremis, 179 N.C. App. 174, 633 S.E.2d 117 (2006) – G. Russell Kornegay, III, and Preston O. Odom, III, successfully defended the trial court’s denial of an alimony claim against their client.

Level 3 Communications, LLC v. Couch, 178 N.C. App. 390, 631 S.E.2d 237 (2006), disc. review dismissed as improvidently allowed, 361 N.C. 684, 651 S.E.2d 884 (2007) – Bruce M. Simpson successfully defended a $150,000 jury verdict for his client with respect to an easement condemnation.

Anderson v. McTaggart, 177 N.C. App. 563, 629 S.E.2d 622 (2006) – William K. Diehl, Jr., Preston O. Odom, III, and Irene P. King successfully defended the trial court’s dismissal of claims for alienation of affections and criminal conversation against their client by obtaining the dismissal of the opposition’s appeal based on appellate rules violations.

Fox v. Gibson, 176 N.C. App. 554, 626 S.E.2d 841 (2006) – Preston O. Odom, III, M. Neya Warren, and Sarah M. Brady successfully defended the trial court’s exercise of personal jurisdiction over a Georgia resident with respect to their client’s claims for alienation of affections and criminal conversation.

Farndale Co., LLC v. Gibellini, 176 N.C. App. 60, 628 S.E.2d 15 (2006) – Gary S. Hemric, Richard B. Fennell, and Preston O. Odom, III, successfully defended a $1.8 million jury verdict for their clients in a North Carolina close corporation shareholder dispute.

MMR Holdings, LLC, v. City of Charlotte, 174 N.C. App. 540, 621 S.E.2d 210 (2005) – Richard B. Fennell successfully obtained the reversal of an unfavorable zoning decision that hinged on construing the term “facade” as used in the City of Charlotte’s Zoning Ordinance.

United States v. McLean, 131 Fed. Appx. 34 (4th Cir. 2005) – Lawrence W. Hewitt and Preston O. Odom, III, along with co-counsel for several other defendants, successfully obtained a reversal of their respective clients’ federal criminal sentences based on the decision of the Supreme Court of the United States in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

South Carolina v. Smith, 363 S.C. 111, 609 S.E.2d 528 (S.C. Ct. App. 2005) – Edward T. Hinson, Jr., and Preston O. Odom, III, along with South Carolina co-counsel, successfully obtained a reversal of their client’s convictions for voluntary manslaughter and possession of a firearm during the commission of a violent felony.

Lange v. Lange, 167 N.C. App. 426, 605 S.E.2d 732 (2004) – William K. Diehl, Jr., Katherine S. Holliday, Richard S. Wright, and Preston O. Odom, III, successfully obtained the reversal of a decision disqualifying a family court judge for an alleged appearance of impropriety.

Dalgewicz v. Dalgewicz, 167 N.C. App. 412, 606 S.E.2d 164 (2004) – William K. Diehl, Jr., and Preston O. Odom, III, successfully obtained the reversal of a defective equitable distribution judgment that had been unfavorable to their client.

Reynolds v. Reynolds, 165 N.C. App. 705, 601 S.E.2d 331 (2004) – William K. Diehl, Jr., and Preston O. Odom, III, successfully defended the trial court’s decision holding a delinquent father in civil contempt and calling for his arrest and incarceration pending the payment of both past due child support and their attorney fees.

Ibele v. Tate, 163 N.C. App. 779, 594 S.E.2d 793 (2004) – Richard S. Wright successfully defended the trial court’s refusal to hold his clients in contempt of a consent order settling a dispute over aircraft repairs.

Kampschroeder v. Bruce, 162 N.C. App. 180, 590 S.E.2d 333 (2004) – Richard B. Fennell, John R. Buric, and Preston O. Odom, III, successfully obtained the reversal of the trial court’s decision to dismiss their clients’ claims for fraud, negligent misrepresentation, and punitive damages in relation to the purchase of real property.

Gaynoe v. First Union Corp., 153 N.C. App. 750, 571 S.E.2d 24 (2002) – Edward T. Hinson, Jr., and Preston O. Odom, III, along with Maryland co-counsel, successfully defended the dismissal of all claims against First Union in an action brought by a credit card holder.

First Union Nat’l Bank of Delaware v. Bankers Wholesale Mortg., LLC, 153 N.C. App. 248, 570 S.E.2d 217 (2002) – Edward T. Hinson, Jr., and Richard S. Wright successfully defended the trial court’s exercise of personal jurisdiction over the defendants in a dispute concerning a loan purchase agreement.

Norman v. Nash Johnson & Sons’ Farms, Inc., 140 N.C. App. 390, 537 S.E.2d 248 (2000) – G. Russell Kornegay, III, J. Mitchell Aberman, and other attorneys then at the firm successfully obtained the reversal of the trial court’s decision to dismiss many of their clients’ claims in a North Carolina close corporation shareholder dispute. Norman is a polestar decision with respect to defining (1) majority shareholder fiduciary duties in the context of a North Carolina close corporation; and (2) the distinction between shareholder individual claims and corporate derivative claims.

DiDonato v. Wortman, 320 N.C. 423, 358 S.E.2d 489 (1987) – Gary S. Hemric and another attorney then at the firm successfully persuaded the Supreme Court of North Carolina to change existing law and hold that the North Carolina Wrongful Death Act allows recovery for the death of a viable but unborn child.

Henry v. Deen, 310 N.C. 75, 310 S.E.2d 326 (1984) – Gary S. Hemric successfully persuaded the Supreme Court of North Carolina to hold the complaint of his client–the administrator of a decedent’s estate–validly asserted a claim for civil conspiracy against three doctors for falsifying, concealing, or otherwise destroying the decedent’s medical records.