A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).

NO. COA01-947


Filed: 4 June 2002

WAYNE C. KELLY, Administrator of
The Estate of Clinton Lawton Kelly,

v .                                 Lee County
                                    No.    00 CVS 01030

    Appeal by plaintiff from order entered 27 January 2001 by Judge Wiley F. Bowen in Lee County Superior Court. Heard in the Court of Appeals 25 April 2002.

    Wayne Clinton Kelly, pro se.

    Teague, Campbell, Dennis & Gorham, L.L.P., by J. Matthew Little and Tara L. Davidson, for defendants-appellees.


    Wayne C. Kelly, Administrator of the Estate of Clinton L. Kelly (“plaintiff”) appeals from an order granting Weyerhaeuser Company's, Mr. John Stephenson's & Mr. Leroy Samuel Seebart's (collectively “defendants”) motion to dismiss pursuant to Rule 12(c) of the North Carolina Rules of Civil Procedure, the doctrines of collateral estoppel and res judicata, and granting defendants' motions for sanctions pursuant to N.C.G.S § 1A-1, Rule 11 and N.C.G.S. § 1D-45. Defendants request and argue in their brief that we dismiss plaintiff's appeal.    We dismiss plaintiff's appeal as frivolous. Plaintiff's “appeal was taken . . . for an improper purpose . . . to cause unnecessary delay” and “needless increase in the cost of litigation.” N.C.R. App. P. 34(a)(2). Plaintiff's brief also “grossly violate[s] appellate court rules” by: (1) referencing matters not contained in the record, and (2) exceeding space limitations and requirements. N.C.R. App. P 34(a)(3) and 26(g). Plaintiff's appeal is dismissed. We remand this case to the trial court for hearing to determine the reasonable expenses, including reasonable attorney fees, incurred by defendants as a result of this frivolous appeal. N.C.R. App. P. 34(c).
Appeal dismissed and remanded.
Panel consisting of:
    Judges MARTIN, TYSON, and THOMAS
    Report per Rule 30(e).

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