Shook v. County of Buncombe, 125 NC App 284 (96-109) 02/04/1997 Link to original WordPerfect file

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Shook v. County of Buncombe

No. COA96-109

(Filed 4 February 1997)

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.

NO. COA96-109


Filed: 4 February 1997




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,


    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.