Mecklenburg County Clerk of Superior Court

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

COUNTY OF MECKLENBURG SUPERIOR COURT DIVISION
23CV040918-590

ATLANTIC COAST CONFERENCE,

Plaintiff,

NOTICE OF APPEAL
BOARD OF TRUSTEES OF FLORIDA
STATE UNIVERSITY,

Defendant.

TO THE HONORABLE SUPREME COURT

OF THE STATE OF NORTH CAROLINA
Defendant Florida State University Board of Trustees of Florida State

University (the "FSU Board") hereby gives notice of appeal to the Supreme Court of

North Carolina of the findings and ruling by Chief Business Court Judge Louis A.

Bledsoe, III in the April 4, 2024 Order and Opinion on Defendant's Motion to

Dismiss Or, In the Alternative, Stay the Action (the "Order") that the FSU Board

has waived sovereign immunity and is therefore subject to personal jurisdiction in

the State of North Carolina.

This appeal is taken pursuant to North Carolina General Statutes § 1-277,

which permits the immediate appeal of any interlocutory order that affects a

substantial right and/or includes "an adverse ruling as to the jurisdiction of the

Electronically Filed Date: 4/9/2024 10:11 AM Mecklenburg County Clerk of Superior Court
Case No.2023CVS40918 ECF No. 60 Filed 04/09/2024 10:00:18 N.C. Business Court
court over the person or property of the defendant." Pursuant to N.C. Gen. Stat.

§ 7A-27(a)(3)a), this "[a]ppeal lies of right directly to the Supreme Court" because

the Order is an "interlocutory order of a Business Court Judge [that] [a]ffects a

substantial right."

The FSU Board further intends to seek review of the trial court's denial in

the Order of the FSU Board's request for stay of the trial court proceedings by

means of a writ of certiorari to this Court as expressly provided by North Carolina

General Statute § 1-75.12(c) and Rule 21 of the North Carolina Rules of Appellate

Procedure.

The FSU Board expressly reserves all rights and avenues of future appeal

with respect to all remaining issues and findings in the Order that are not

immediately appealable under North Carolina law as of the date of this notice.

This the 9th day of April 2024.

/s/C. Bailey King, Jr.

Christopher C. Lam
N.C. State Bar No. 28627
C. Bailey King, Jr.
N.C. State Bar No. 34043
Brian M. Rowlson
N.C. State Bar No. 37755
Hanna E. Eickmeier
N.C. State Bar No. 54927
BRADLEY ARANT BOULT CUMMINGS, LLP
214 North Tryon Street, Suite 3700
Charlotte, NC 28202
Telephone: (704) 338-6000
Facsimile: (704) 332-8858
clam@bradley.com
bking@bradley.com
browlson@bradley.com
heickmeier@bradley.com

2
David C. Ashburn (admitted pro hac vice)
Florida Bar No. 708046
Peter G. Rush (admitted pro hac vice motion)
Florida Bar No. 1050902
John K. Londot (admitted pro hac vice)
Florida Bar No. 579521
GREENBERG TRAURIG, P.A.
101 East College Avenue
Tallahassee, FL 32302
Telephone: (850) 222-6891
Facsimile: (850) 681-0207
ashburnd@gtlaw.com
peter.rush@gtlaw.com
londoti@gtlaw.com

Attorneys for Board of Trustees of Florida State

University
 CERTIFICATE OF SERVICE
The undersigned hereby certifies that this Notice of Appeal has been served

upon all counsel of record through filing with the North Carolina Business Court,

which will send electronic notice to all counsel of record and by depositing a copy

hereof to each said party, postage pre-paid in the United States Mail, properly

addressed to:

James P. Cooney
Sarah Motley Stone
Patrick Grayson Spaugh
Womble Bond Dickinson (US) LLP
301 South College Street, Suite 3500
Charlotte, North Carolina 28202-6037

Charles Alan Lawson

Lawson Huck Gonzalez, PLLC
215 South Monroe Street, Suite 320
Tallahassee, Florida 32301

James P. McLoughlin, Jr.

William M. Butler
Moore & Van Allen
100 North Tryon Street, Suite 4700
Charlotte, North Carolina 28202

J. Wesley Earnhardt
David H. Korn
Cravath, Swain & Moore LLP
Worldwide Plaza
825 Eighth Avenue
New York, New York 10019

This the 9th day of April 2024.

/s/ C. Bailey King, Jr.

C. Bailey King, Jr.