An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA03-1184


Filed: 18 May 2004


         v.                        Durham County
                                No. 01 CVD 5744

    Appeal by defendant from orders entered 17 March 2003 by Judge Craig Brown in Durham County District Court. Heard in the Court of Appeals 10 May 2004.

    Hatch, Little & Bunn, L.L.P., by William K. Brownlee, for plaintiff-appellee.

    Lillie Lyons, pro se.

    MARTIN, Chief Judge.

    Plaintiff Morehead Hills Apartments brought this summary ejectment action against defendant Lillie M. Lyons. Defendant appeals from an order denying her Rule 60(b) motion to set aside a 3 October 2002 judgment dismissing her counterclaims and entering summary judgment in favor of plaintiff. Defendant also appeals from an order of the trial court dismissing her appeal from the 3 October 2002 judgment. Defendant, however, has failed to comply with the Rules of Appellate Procedure, and for this reason, we dismiss her appeal of the 17 March 2003 orders.
    Defendant has failed to list assignments of error at theconclusion of the record on appeal as required by N.C.R. App. 9(a)(1)(k) and 10(a) and(c)(1) (2004). In turn, defendant's brief fails to refer to any assignments of error as required by N.C.R. App. P. 28(b)(6) (2004). Defendant's brief also fails to comply with our appellate rules by: (1) failing to contain citations of authority; (2) failing to contain a statement of the question presented for review; (3) failing to state the procedural history; (4) failing to state the grounds for appellate review; (5) failing to include a statement of the facts; and (6) failing to use the proper type style. See N.C.R. App. P. 28(b)(2) through (b)(6) and (j)(1) (2004).
    As this Court stated in Bledsoe v. County of Wilkes, 135 N.C. App. 124, 519 S.E.2d 316 (1999):
        The Rules of Appellate Procedure are mandatory; failure to comply with these rules subjects an appeal to dismissal. Furthermore, these rules apply to everyone _ whether acting pro se or being represented by all of the five largest law firms in the State.

Id. at 125, 519 S.E.2d 317 (citations omitted). Because defendant has violated many of the appellate rules, her appeal must be dismissed.
    We have, in addition, reviewed this case on its merits and conclude defendant's arguments are without merit.
    Judges MCGEE and BRYANT concur.
    Report per Rule 30(e).

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