ELAINE ANDERSON,
Plaintiff-Appellant,
v. Mecklenburg County
No. 04 CVS 17852
SONIA McTAGGART,
Defendant-Appellee
WISHART, NORRIS, HENNINGER & PITTMAN, P.A., by William A.
Navarro and Steven B. Ockerman, for plaintiff-appellant.
JAMES, McELROY & DIEHL, P.A., by William K. Diehl, Jr.,
Preston O. Odom, III, and Irene P. King, for defendant-
appellee.
JOHN, Judge.
Elaine Anderson (plaintiff) appeals the trial court's 24
February 2005 order (1) striking portions of her affidavit in
opposition to defendant's motion to dismiss and (2) dismissing her
complaint with prejudice for lack of personal jurisdiction.
Defendant has filed a motion to dismiss the appeal contending the
assignments of error contained in the record on appeal fail to
comply with the requirements of the North Carolina Rules of
Appellate Procedure (the Rules).
The assignments of error set out in the record on appeal are
categorized as follows: 1. Did the Court err in granting the
Defendant's Motion to Strike?
. . .
2. Did the Court err in granting the
Defendant's Motion to Dismiss?
. . .
3. If the Court did not err in granting the
Defendant's Motion to Dismiss, did the Court
err in ordering the case dismissed with
prejudice?
North Carolina Rule of Appellate Procedure 10(c)(1)(Rule
10(c)(1)) mandates that an assignment of error shall, so far as
practicable, be confined to a single issue of law; and shall state
plainly, concisely and without argumentation the legal basis upon
which error is assigned. N.C.R. App. P. 10(c)(1) (2005). The
foregoing assignments of error are neither confined to a single
issue of law, id., nor state the legal basis upon which error is
assigned, id. Accordingly, the assignments of error violate Rule
10(c)(1) and thus fail to preserve any issue for appellate review,
subjecting the appeal to dismissal. See May v. Down East Homes of
Beulaville, Inc., ___ N.C. App. ___, ___, 623 S.E.2d 345, 346
(2006), and Walker v. Walker, ___ N.C.App. ___, ___, 624 S.E.2d
639, 642 (2005).
Our Supreme Court recently reiterated that [t]he Rules of
North Carolina Appellate Procedure are mandatory, Viar v. N.C.
Dep't of Transp., 359 N.C. 400, 401, 610 S.E.2d 360, 360 (2005),
and must be consistently applied, id. at 402, 610 S.E.2d at 361,
or become meaningless, id. In Viar, the use by this Court ofN.C.R. App. P. 2 to permit consideration of appeals containing Rule
violations was specifically disfavored. See id.
Following Viar as we are required to do, see Dunn v. Pate, 334
N.C. 115, 118, 431 S.E.2d 178, 180 (1993)(Court of Appeals is bound
by decisions of the North Carolina Supreme Court), as well as the
multiple subsequent decisions of this Court adhering thereto, see
In The Matter of Appeal from Civil Penalty, 324 N.C. 373, 384, 379
S.E.2d 30, 37 (1989) (Where a panel of the Court of Appeals has
decided the same issue, albeit in a different case, a subsequent
panel of the same court is bound by the precedent, unless it has
been overturned by a higher court.), we conclude after careful
consideration that the instant appeal must be dismissed.
Appeal dismissed.
Judges BRYANT and CALABRIA concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***