TIMOTHY GREER,
Employee,
Plaintiff,
v
.
N.C. Industrial Commission
I.C. No. 761124
STANFORD FURNITURE
CORPORATION,
Employer,
SELF-INSURED (KEY RISK
MANAGEMENT SERVICES),
Servicing Agent,
Defendant.
Randy D. Duncan for plaintiff-appellee.
Law Offices of Gene Thomas Leicht, by Gene Thomas Leicht, for
defendant-appellant.
BRYANT, Judge.
Stanford Furniture Corporation (defendant) appeals from an
opinion and award of the Full Commission of the North Carolina
Industrial Commission (the Commission) filed 26 August 2002
awarding compensation to Timothy Greer (plaintiff).
A review of the record on appeal and defendant's brief to this
Court reveals several violations of the Rules of Appellate
Procedure. Rule 18 of the Rules of Appellate Procedure governs theprocedures for taking appeals from administrative agencies. See
N.C.R. App. P. 18. Among other things, it requires that a notice
of appeal be filed with the Commission stating to which court the
appeal is being taken. See N.C.R. App. P. 18(b)(2); see also
N.C.R. App. P. 3 (notice of appeal in civil cases required to be
filed with the clerk of superior court and states to which court
appeal is being taken). No filing date appears on defendant's
notice of appeal, nor does it state the court to which appeal is
being taken. Because the rules governing notice of appeal are
jurisdictional, it appears this Court is without jurisdiction to
entertain defendant's appeal as notice of appeal was not properly
filed. See Goins v. Sanford Furniture Co., 105 N.C. App. 244, 245,
412 S.E.2d 172, 173 (1992) (dismissing appeal based on lack of
jurisdiction where record did not show that appeal was timely
filed); Fisher v. E.I. Du Pont de Nemours, 54 N.C. App. 176,
176-77, 282 S.E.2d 543, 543 (1981). Even if defendant's notice of
appeal had been properly filed with the Commission, defendant is
still in violation of the requirements of Appellate Rule 9(b)(3)
that every pleading, motion, affidavit, or other paper included in
the record on appeal show the date on which it was filed. N.C.R.
App. P. 9(b)(3).
Furthermore, defendant's brief to this Court is in violation
of Appellate Rule 28(b)(6), requiring that immediately following
each question presented 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. N.C.R. App. P. 28(b)(6). Assignments of error not set out in the
brief are deemed abandoned, and the appeal is subject to dismissal.
Id.; see also Hines v. Arnold, 103 N.C. App. 31, 37-38, 404 S.E.2d
179, 183 (1991) (portion of appeal dismissed for failure to
reference assignment of error); State v. Shelton, 53 N.C. App. 632,
635, 281 S.E.2d 684, 688 (1981) (appeal subject to dismissal where
appellant failed to reference assignments of error in brief).
Defendant presents only one argument on appeal and makes no
reference to any assignment of error. Thus, defendant has failed
to properly preserve any assignment of error for appellate review,
and the record on appeal fails to establish the jurisdiction of
this Court or is, alternatively, in violation of Rule 9 of the
Rules of Appellate Procedure. Accordingly, this appeal must be
dismissed. See N.C.R. App. P. 34(a)(3), -(b)(1). Nevertheless,
after carefully examining the sole issue raised by defendant and
argued by the parties in their briefs to this Court, we conclude
this appeal is without merit.
Appeal dismissed.
Judges MCGEE and GEER concur.
Report per Rule 30(e).
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