MAUREEN A. TRAFT,
Plaintiff-Appellant,
v
.
Buncombe County
Nos. 98 CVS 04365
98 CVS 05283
AMERICAN THRESHOLD INDUSTRIES,
INC., ROBERT T. BAYER, AUDREY B.
BAYER, ROBERT J. ROBINSON,
BRIAN G. HOGE, WILLIAM F. CHURCH,
MELANIE J. MANN, and LYNIAL D.
LATHAM,
Defendant-Appellees.
Maureen Traft, pro se.
McGuire, Wood & Bissette, P.A., by Grant B. Osborne for
defendant-appellees.
McGEE, Judge.
Maureen A. Traft (plaintiff) appeals from orders of the trial
court granting defendants' motion for summary judgment and denying
plaintiff's motion to alter or amend judgment.
We must first address defendants' motion to dismiss
plaintiff's appeal for violations of the N.C. Rules of Appellate
Procedure. We note that our Rules of Appellate Procedure were
enacted "to govern procedure in all appeals from the courts of the
trial division to the courts of the appellate division[.]" N.C.R.App. P. 1. In order "[t]o obtain review of lower court decisions,
appellants must adhere to certain mandatory procedural
requirements[,]" or be subject to dismissal. Duke University v.
Bishop, 131 N.C. App. 545, 546, 507 S.E.2d 904, 905 (1998); see
also Kellihan v. Thigpen, 140 N.C. App. 762, 763, 538 S.E.2d 232,
234 (2000). "[E]ven pro se appellants must adhere strictly to the
[Appellate Rules] or risk sanctions." Strauss v. Hunt, 140 N.C.
App. 345, 348-49, 536 S.E.2d 636, 639 (2000); see also N.C.R. App.
P. 25(b).
In the case before us, the most egregious of plaintiff's
violations of the Rules of Appellate Procedure is her direct,
admitted violation of the Judicial Settlement of Record on Appeal.
In the order settling the record on appeal, the trial court removed
from plaintiff's proposed record on appeal certain documents,
including "all eight Notice of Employee Reprimands dated from
2/6/97 to 7/20/98 . . . [and the] Affidavit of Jane Wild." In her
brief to our Court, plaintiff included these documents as an
appendix. While our Rules of Appellate Procedure permit an
appendix, "it [is] improper for [a party] to attach a document not
in the record and not permitted under N.C.R. App. P. 28(d) in an
appendix to its brief." Horton v. New South Ins. Co., 122 N.C.
App. 265, 268, 468 S.E.2d 856, 858, cert. denied, 343 N.C. 511, 472
S.E.2d 8 (1996); see also N.C.R. App. P. 28(d) (describing the
permitted contents of an appendix to briefs). Plaintiff admits in
her brief that while she "wanted to include all eight Notice of
Employee Reprimands . . . and Affidavit of Jane Wild in the Recordon Appeal . . . [she] was overruled . . . [and] has included these
documents as an Appendix to this brief." Inclusion of this
material in her brief is a clear violation of the order of the
trial court, as well as Rule 28(d).
Additionally, plaintiff's brief violates numerous provisions
of the Rules of Appellate Procedure, including Rule 28(b), which
states in part:
An appellant's brief in any appeal shall
contain . . . in the following order:
. . .
(2) A statement of the questions
presented for review.
(3) A concise statement of the procedural
history of the case. This shall indicate the
nature of the case and summarize the course of
proceedings up to the taking of the appeal
before the court.
(4) A full and complete statement of the
facts. . . .
(5) An argument, to contain the
contentions of the appellant with respect to
each question presented. Each question shall
be separately stated. Immediately following
each question shall be a reference 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. . . .
(6) A short conclusion stating the
precise relief sought.
N.C.R. App. P. 28(b)(2)-(6).
In this case, plaintiff has failed to include a statement of
the questions presented for review, in violation of Rule 28(b)(2),
and has failed to include a concise statement of the proceduralhistory, in violation of Rule 28(b)(3). Plaintiff also violated
Rule 28(b)(4), in that her brief contains no full and complete
statement of the facts. She also violated Rule 28(b)(5) by failing
to include an argument containing her contentions with respect to
each question presented, followed by reference to the assignment of
error pertinent to that question. Further, plaintiff violated Rule
28(b)(6), by failing to include a short conclusion stating the
relief sought.
Because of plaintiff's disregard of the Rules of Appellate
Procedure and because "[o]ur rules are mandatory, and in fairness
to all who come before this Court, they must be enforced
uniformly[,]" we grant defendants' motion to dismiss plaintiff's
appeal. Shook v. County of Buncombe, 125 N.C. App. 284, 287, 480
S.E.2d 706, 708 (1997). Plaintiff's appeal is hereby dismissed.
Our Court has also reviewed plaintiff's arguments on the
merits and we conclude that her arguments on appeal are without
merit.
Dismissed.
Judges TIMMONS-GOODSON and BIGGS concur.
Report per Rule 30(e).
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