Our Appellate Practice
Schauer & Shelton handles high-stakes appeals and complex legal issues in federal appellate courts and in North Carolina state appellate courts. Our appellate practice is led by Troy Shelton, a Board Certified Specialist in Appellate Practice.
We are frequently retained by trial lawyers, businesses, individuals, and government entities when a case reaches a critical stage—whether that means preserving a significant trial victory, reversing an adverse ruling, obtaining emergency appellate relief, or positioning a case for appeal before the trial is over.
Our approach is simple: master the record, identify the issues that matter, and present the court with the clearest and most persuasive path to the right result.
Our Appellate Work
Never hire appellate counsel until you’ve seen their work. 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.
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. You can watch some of our recent oral arguments at the links below.
Below, you can find some of our recent, winning briefs, as well as videos of our oral arguments:
Byrd v. Avco
Appellate jurisdiction: Orders denying statute-of-repose defenses are immediately appealable
Read our brief· Read the opinion· Watch the argumentSneed v. Johnston
Equitable distribution : Personal goodwill in a professional business is not marital property.
Read our brief· Read the opinion· Watch the argumentStein v. Hall
State constitution, separation of powers: Under the state constitution, the legislature can transfer agency appointing authority from the Governor to the State Treasurer.
Read our brief· Read the opinion· Watch the argumentDurham Green Flea Market v. City of Durham
Constitutional rights, due process: The city violated a business’s due process rights by failing to give it adequate notice.
Read our brief· Read the opinion· Watch the argumentNorth Carolina State Bar v. Musinguzi
Administrative law, licensing board discipline: The State Bar exceeded its authority by disciplining an attorney who was not licensed in North Carolina.
Read our brief· Read the opinion· Watch the argument
Appellate Counsel for Trial Lawyers and Clients
Much of our appellate work comes from other lawyers. Trial counsel retain us to take the lead on an appeal while they remain involved with the client and the case. We view those engagements as partnerships: trial counsel brings deep knowledge of the client, facts, and litigation; we bring a dedicated appellate perspective.
We also help lawyers behind the scenes with appellate strategy, dispositive motions, issue preservation, and difficult legal questions.
Appellate Counsel at Trial
Some appeals are won before the notice of appeal is ever filed. In significant cases, trial counsel put us on the team to focus on the legal issues that will matter if the case reaches an appellate court. We can assist with issue preservation, dispositive motions, jury instructions, motions for directed verdict, post-trial motions, and other questions that arise during trial—allowing trial counsel to remain focused on witnesses, evidence, and trial strategy.
Emergency Appellate Relief
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 otherwise prevent irreparable harm on appeal. We move quickly and effectively when the stakes are highest.
Amicus Briefs: Shaping the Law Beyond Your Case
Appellate decisions often affect far more than the parties before the court. We represent trade associations, public officials, advocacy organizations, and other interested parties as amici curiae in cases presenting questions of broader importance.
You can review some of our recent amicus filings below:
For the Chamber of Commerce of the United States of America and the North Carolina Chamber Legal Institute, on discovery practice and discovery sanctions, Sessoms v. Toyota
For members of the United States House of Representatives and members of the General Assembly, in a school-choice dispute, Turpin v. Charlotte Latin
For the North Carolina Chamber Legal Institute, about the authority of the Attorney General, State ex rel. Jackson v. E.I Du Pont
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 Treasurer, in a federal antitrust dispute in the healthcare industry, Federal Trade Commission v. Novant Health
Understanding the Appellate Courts
Effective appellate advocacy requires understanding not only appellate procedure, but the institutional role of appellate courts and the way appellate judges approach difficult cases. Troy Shelton has interviewed members of North Carolina’s appellate courts about judging, advocacy, and the work of the courts.
Talk to an Appellate Lawyer
Whether you are considering an appeal, defending a favorable judgment, facing an emergency appellate issue, or looking for appellate counsel to join your trial team, we welcome the opportunity to discuss the case.
Troy Shelton
tshelton@schauershelton.com
(919) 651-4673
Appellate Newsletter
Troy 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.