MOREHEAD HILLS APARTMENTS,
Plaintiff,
v. Durham County
No. 01 CVD 5744
LILLIE LYONS,
Defendant.
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.
Dismissed.
Judges MCGEE and BRYANT concur.
Report per Rule 30(e).
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