Appeals and Complex Legal Issues
Experienced. Trusted. Proven.
At Dowling, we bring a deep understanding of appellate practice to every case we handle. Led by Troy Shelton, a board-certified specialist in North Carolina appellate practice, our firm represents corporations, individuals, law firms, and government officials and agencies in complex appeals. Whether preserving a hard-fought trial victory or challenging an unfavorable ruling, we have the experience and strategic insight to navigate the appellate process successfully.
A Focused & Strategic Approach to Appeals
Partnering With Law Firms & Clients
We are often retained by trial attorneys to handle appeals while they focus on their core litigation practice. A referral doesn’t mean losing a client—in fact, many trial attorneys work with us repeatedly, relying on our appellate experience to maximize success.
We assist at all stages, from preserving errors during trial to crafting persuasive appellate briefs and delivering compelling oral arguments. Our involvement ensures that a case is positioned for the best possible outcome on appeal.
Amicus Briefs: Shaping the Law Beyond Your Case
Appellate courts don’t just decide individual cases—they shape the law. That’s why amicus briefs, or “friend of the court” briefs, are critical. We are frequently retained to submit amicus briefs on behalf of industry groups, advocacy organizations, and government agencies.
A well-crafted amicus brief can:
- Provide broader legal and policy perspectives
- Highlight potential far-reaching implications of a ruling.
- Support key legal arguments that benefit an entire industry or interest group.
We understand how to craft persuasive amicus arguments that add value to appellate courts’ decision-making. You can review some of our recent amicus filings below:
- For Chamber of Commerce of the United States of America and the North Carolina Chamber Legal Institute, regarding litigation by sanction, Sessoms v. Toyota
- For the North Carolina Home Builders Association, in a constitutional separation of powers dispute, Cooper v. Berger
- For victims of childhood sexual abuse, in defending the constitutionality of the SAFE Child Act, McKinney v. Goins
- For the North Carolina Speaker of the House and other members of the General Assembly, in a school-choice dispute, Turpin v. Charlotte Latin
- For the North Carolina Treasurer, in a federal antitrust dispute in the healthcare industry, Federal Trade Commission v. Novant Health
Emergency Relief in Appellate Courts
Some cases demand urgent intervention. Our firm is experienced in seeking emergency relief from appellate courts, whether to stay enforcement of a trial court ruling, seek expedited review, or prevent irreparable harm on appeal. We move quickly and effectively when the stakes are highest.
The Art of Appellate Advocacy
Winning Appeals Through Clear & Persuasive Writing
Most appeals are won—or lost—on the written briefs. Clarity, precision, and persuasion are key in crafting an appellate argument that resonates with the court. We excel at distilling complex legal issues into compelling narratives and arguments for appellate courts.
You can find a sample of some of our recent briefs below:
- North Carolina State Bar v. Musinguzi: Did a state agency exceed its jurisdiction?
- Exum v. St. Andrews-Covenant Presbyterian Church: Can a court hear a claim of sexual misconduct by a pastor?
- Dieckhaus v. Board of Governors of the University of North Carolina: Can the legislature immunize public universities from COVID-related claims?
- Consolidated Distribution v. Harkins Builders: Was the general contractor obligated to pay its subcontractor in a commercial construction dispute?
- Mitchell v. University of North Carolina Board of Governors: Can a court defer to an agency’s interpretation of its own rules and regulations?
- Sneed v. Johnston: In an equitable distribution proceeding, how should a court classify personal and enterprise goodwill in a business owned by a spouse?
- Richmond County Board of Education v. Folwell: Does sovereign immunity bar an action to renew a judgment filed against the state?
The Power of Oral Advocacy
While written briefs set the foundation for an appeal, oral argument provides a critical opportunity to address the judges’ concerns, clarify key issues, and reinforce the case’s strongest points. Our appellate attorneys are seasoned advocates who excel in high-stakes courtroom arguments.
Knowing the Judges, Knowing the Court
Understanding how appellate judges think is crucial to winning on appeal. To help attorneys gain deeper insight into North Carolina’s appellate courts, Troy Shelton has conducted a series of interviews with our state’s appellate judges.
Need Help? Contact for Appellate Representation
If you’re in need of appellate counsel, contact the leader of our appellate practice, Troy Shelton, at either [email protected] or (919) 529-3351.
Troy Shelton also offers a free North Carolina appellate newsletter for busy trial attorneys. For monthly updates on our appellate courts, you can subscribe here, and prior newsletters can be found here.