7W
Appeal and Error §§ 340, 418 (NCI4th)-- violations of appellate
rules -- dismissal of appeal
Plaintiff's appeal is dismissed for failure to comply with the Rules of Appellate Procedure where plaintiff failed to assign any error in the record on appeal as required by N.C. R. App. P. 10(a)(1997) and 10(c)(1)(1997) and where the arguments in plaintiff's brief do not contain "reference[s] to the assignments of error pertinent to the question, identified by their numbers and by the pages at which they appear in the printed record on appeal" as required by N.C. R. App. P. 28(b)(5)(1997).
Am Jur 2d, Appellate Review §§ 547, 550.
Judge MARTIN, John C., concurring in the result.
Judge EAGLES concurs and also joins in the separate concurring opinion.
BRENDA L. SHOOK,
Plaintiff/Appellant,
v.
COUNTY OF BUNCOMBE, NORTH CAROLINA; STEVE METCALF, in his official capacity as former Buncombe County Manager; WILLIAM E. McELRATH, in his official capacity as (former) Assistant Buncombe County Manager and now Buncombe County Manager; MIKE HYATT, in his official capacity as Veterans Service Supervisor; CATHY COOMER, in her official capacity as Buncombe County Safety Officer; and RAY REDMON, in his official capacity as Director of Buncombe County Physical Facilities,
Defendants/Appellees.
Appeal by plaintiff from summary judgment entered 15 September 1995 by Judge Ronald K. Payne in Buncombe County Superior Court. Heard in the Court of Appeals 21 October 1996.
Howard C. McGlohon for plaintiff appellant.