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Appeal Information Statement

Case: Town of Apex v. Rubin (20-305) Civil

Judgment Date: 2020-01-21
Notice of Appeal Date: 2020-01-29
Nature of Case:
  • Real property rights
Ruling Being Appealed:
  • Appeal from Order denying Defendant's Motion to Dismiss and Preliminary Injunction
Is this a final judgment as to all claims and all parties? No
Appeal Basis: The two orders on appeal in this case affect the substantial rights of Ms. Rubin—her right to title in her real property, her right to avoid inconsistent judgments, and her right to avoid duplicative litigation, all three of which have been recognized as affording an immediate appeal. In addition, the issues in this case are intertwined with those presented in case No. COA20-304, which is also pending before this Court and on the same briefing schedule. The two appeals should therefore be heard together.
Issues Raised on Appeal: 1. Did the trial court err by granting Plaintiff’s preliminary injunction motion in case number 19-CVS-6295?
2. Did the trial court err by denying Defendant’s motion to dismiss in case number 19-CVS-6295?
Has any prior appeal in this case been filed in either appellate court? No
Are there other appeals in this case pending before either state appellate court? No
To your knowledge, are there any other appeals raising substantially related issues pending before either appellate court? Yes
Related Docket Numbers: 20-304
Are there essential questions raised by this appeal that cannot be adequately presented by the written briefs alone and therefore require oral arguments? Yes
Essential Questions Explanation: This appeal is closely linked to an appeal in a related case, No. COA20-304, which is also pending before this Court on the same briefing schedule. In addition, that appeal is a continuation of an earlier appeal taken in the same case in 2017, presenting issues directly related to this Court’s resolution of that first appeal. Because the prior appeal and the two current appeals are all intertwined, oral argument is warranted to allow a discussion of the proper global resolution of these matters.
Do you request oral arguments on this appeal? Yes
Oral Argument Justification: This appeal is closely linked to an appeal in a related case, No. COA20-304, which is also pending before this Court on the same briefing schedule. In addition, that appeal is a continuation of an earlier appeal taken in the same case in 2017, presenting issues directly related to this Court’s resolution of that first appeal. Because the prior appeal and the two current appeals are all intertwined, oral argument is warranted to allow a discussion of the proper global resolution of these matters.
Has this appeal, or the matters with which the appeal is concerned, been settled or rendered moot? No
Is there any reason why this appeal should be expedited? Yes
Expedited Explanation: The original appeal in case number COA17-955 was heard before a panel consisting of Judge Bryant (authoring), Chief Judge McGee and Judge Stroud (concurring). The pending appeals in COA20-304 and COA20-305 present issues that are intertwined with those decided by that panel in the earlier appeal. As such, the pending appeals should be heard by the same panel if possible. With two of the three panel members retiring from this Court on December 31, 2020, expedited review by that panel is warranted.
Has the execution or enforcement of the order, judgment or other determination from which the appeal has been taken been stayed pending disposition of the appeal? No
All information has been certified as accurate by: Matthew Leerberg