FELICIA LIVIA SPRINCENATU,
Plaintiff,
v
.
Durham County
No. 01 CVS 0021
ALLSTATE INDEMNITY COMPANY,
EDDIE SCOTT and PEARL SCOTT,
Defendants.
Felicia Livia Sprincenatu, plaintiff-appellant, pro se.
Teague, Rotenstreich & Stanaland, LLP, by Kenneth B.
Rotenstreich and Paul A. Daniels, for defendants-appellees.
WYNN, Judge.
Plaintiff appeals from the trial court's 12 April 2001 order
setting aside the 22 February 2001 entry of default against
defendant Allstate Indemnity Company; plaintiff also appeals from
the trial court's 5 June 2001 orders allowing defendant Allstate's
motion to dismiss, and allowing defendants Scotts' motion to
dismiss. We affirm.
Plaintiff filed a Proposed Record on Appeal with this Courton 30 August 2001. We note that the record does not comply with
N.C.R. App. P. 9 (2002) in that it does not contain an index
pursuant to Rule 9(a)(1)(a), nor does it contain a copy of any
agreement, notice of approval, or order settling the record on
appeal as required pursuant to Rule 9(a)(1)(i). The record
further fails to comply with the requirements of Rules 9(b)(1) and
9(b)(4). Furthermore, the record, even assuming arguendo that it
was properly constituted under Rule 9 and properly settled under
N.C.R. App. P. 11 (2002), was not timely filed with this Court
pursuant to N.C.R. App. P. 12 (2002).
On 19 October 2001, plaintiff filed a delinquent motion for
extension of time to file the record on appeal with this Court; the
same day, defendants filed a motion to dismiss plaintiff's appeal
as well as a motion for sanctions against plaintiff under N.C.R.
App. P. 34. These motions were referred to this panel for
disposition.
Plaintiff's brief was to be filed with this Court on or before
7 October 2001; on 23 October 2001, plaintiff filed a delinquent
motion for extension of time until 6 November 2001 to file her
brief; this Court allowed plaintiff's motion, requiring that her
brief be filed with this Court on or before 3 December 2001. The
order allowing plaintiff's motion for extension provided
specifically that No further extensions of time to file plaintiff-
appellant's brief shall be allowed. Plaintiff filed her brief
with this Court on 5 December 2001.
On 19 December 2001, defendants-appellees filed a motion forextension of time until 4 February 2002 to file their brief, which
motion was granted by this Court. Defendants filed their brief
with this Court on 5 February 2002.
On 2 January 2002, defendants filed a motion to amend the
record on appeal, consistent with their contention that the record
on appeal was never properly settled. This motion was referred to
this panel for disposition.
We hereby deny defendants 2 January 2002 motion to amend the
record on appeal; deny plaintiff's 19 October 2001 motion for
extension of time to file the record on appeal; and deny defendants
motion to dismiss plaintiff's appeal on the basis of plaintiff's
multiple violations of our Rules of Appellate Procedure.
Furthermore, we deny defendants-appellees' motion for sanctions
against plaintiff pursuant to Rule 34.
We have therefore reviewed the merits of plaintiff's appeal
despite the record not being timely filed with this Court and
numerous other rules violations. We summarily hold that plaintiff
has failed to show that the trial court abused its discretion in
setting aside the entry of default, see Privette v. Privette, 30
N.C. App. 41, 226 S.E.2d 188 (1976); additionally, plaintiff has
failed to show that the trial court erred in granting defendants-
appellees' motions to dismiss. Accordingly, the trial court's 12
April 2001 order setting aside the entry of default, and the 5 June
2001 orders allowing defendants-appellees' motions to dismiss are,
Affirmed.
Judges HUNTER and THOMAS concur. Report per Rule 30(e).
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