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. COA01-1175
Filed: 2 July 2002

of Duke Energy Corporation,

    v.                            Utilities Commission
                                No. E-7, Sub 669


    Appeal by respondents John and Patricia Root from order entered 23 July 2001 by The North Carolina Utilities Commission. Heard in the Court of Appeals 6 June 2002.
    Parker, Poe, Adams & Bernstein, L.L.P, by John W. Francisco, for petitioner-appellee.

    John Root for respondent-appellants, pro se.


    Appellants have appealed from a Final Order Denying Complaint entered by the North Carolina Utilities Commission (“Commission”). Appellee Duke Power has moved to dismiss the appeal.
    From the record, Duke Power's motion, and appellants' response to the motion, it appears the Commission entered its Final Order Denying Complaint on 23 July 2001. On 22 August 2001, appellants filed a notice of appeal, dated 21 August 2001, from such order with the Commission and requested that the order be stayed. Therecord does not reflect service of the notice of appeal on Duke Power. By order dated 5 September 2001, the Commission denied appellants' request for a stay. On 17 September 2001, appellants filed a second notice of appeal from the Final Order Denying Complaint and served a copy on all parties by first class mail. On 19 September 2001, appellants filed a “Record on Appeal” with this Court without having first filed a proposed record on appeal with the Commission or having served a copy of the proposed record on appeal on Duke Power.
    G.S. § 62-90(d) provides that procedure for appeals from the Utilities Commission “shall be as provided by the rules of appellate procedure.” N.C.R. App. P. 18 governs appeals from administrative agencies, including the Utilities Commission, to the appellate division. N.C.R. App. P. 18(b)(2) provides that a party may appeal from a final agency determination “by filing and serving a notice of appeal within 30 days after receipt of a copy of the final order of the agency [emphasis added].” While, as appellants argue, G.S. § 62-90(b) provides that the failure of an appealing party to serve a copy of the notice of appeal on any party other than the Commission does not affect the validity of the appeal, the Rules of Appellate Procedure, as established by our Supreme Court, are mandatory and “may not be disregarded or set at naught [] by act of the Legislature . . . .” State v. Fennell, 307 N.C. 258,263, 297 S.E.2d 393, 396 (1983) (quoting Pruitt v. Wood, 199 N.C. 788, 789-90, 156 S.E. 126, 127 (1930)).
    N.C.R. App. P. 12(a) requires that the settled record on appeal be filed with the clerk of the court to which the appeal is taken. N.C.R. App. P. 18(d) provides the methods by which the record on appeal may be settled. Unless the record is settled by agreement, N.C.R. App. P. 18(d)(2) requires the appellant to file a copy of a proposed record on appeal in the office of the agency head and serve copies of the proposed record on all other parties.
     Appellants have not complied with these rules. The Rules of Appellate Procedure are mandatory and a failure to follow the rules subjects an appeal to dismissal. Steingress v. Steingress, 350 N.C. 64, 65, 511 S.E.2d 298, 299 (1999); see also Bradshaw v. Stansberry, 164 N.C. 356, 356, 79 S.E. 302, 302 (1913) (“It is, therefore, necessary to have rules of procedure and to adhere to them, and if we relax them in favor of one, we might as well abolish them.”) The rules apply equally to pro se appellants. Strauss v. Hunt, 140 N.C. App. 345, 536 S.E.2d 636 (2000). Duke Power's motion to dismiss the appeal for appellants' failure to comply with the Rules of Appellate Procedure is allowed.
    Appeal Dismissed.
    Panel Consisting of:
    MARTIN, TIMMONS-GOODSON and CAMPBELL, JJ.    Report per Rule 30(e).

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