Legal Question in Civil Litigation in North Carolina

They have a right to appeal. Since this is a 2-1 decision, they get an automatic appeal to the NC Supreme Court. They have 30 days after their notice of appeal is filed to file their brief, nuless they get an an extension of time. After they file their new brief and it is served on you, you have 30 days to file your own brief.

If you don't answer, then the court will still review the issues and determine whether relief is appropriate. However, if it were me, I would pay your attorney to file a responsive brief.

See NC Appellate Rule 14(d):

(d) Briefs.

(1) Filing and Service; Copies. Within thirty days after filing notice of appeal in the

Supreme Court, the appellant shall file with the clerk of the Supreme Court and serve

upon all other parties copies of a new brief prepared in conformity with Rule 28,

presenting only those issues upon which review by the Supreme Court is sought;

provided, however, that when the appeal is based upon the existence of a substantial

constitutional question or when the appellant has filed a petition for discretionary review

for issues in addition to those set out as the basis of a dissent in the Court of Appeals, the

appellant shall file and serve a new brief within thirty days after entry of the order of the

Supreme Court which determines for the purpose of retaining the appeal on the docket

that a substantial constitutional question does exist or allows or denies the petition for

discretionary review in an appeal based upon a dissent. Within thirty days after service of

the appellant�s brief upon appellee, the appellee shall similarly file and serve copies of a

new brief. If permitted by Rule 28(h), the appellant may serve and file a reply brief as

provided in that rule.

The parties need file but single copies of their respective briefs. The clerk will

reproduce and distribute copies as directed by the Court, billing the parties pursuant to

these rules.

(2) Failure to File or Serve. If an appellant fails to file and serve its brief within the time

allowed, the appeal may be dismissed on motion of an appellee or on the Court�s own

initiative. If an appellee fails to file and serve its brief within the time allowed, it may not

be heard in oral argument except by permission of the Court.