CAREY JAMES DYE,
Plaintiff,
v
.
Guilford County
No. 05 CVD 5293
05 CVD 5295
REBECCA B. DYE,
Defendant.
Rebecca B. Dye, pro se.
Hatfield & Hatfield, by John B. Hatfield, Jr., for plaintiff.
PER CURIAM
This appeal arises from two domestic violence protective
orders that were entered against defendant Rebecca B. Dye
(defendant) on 6 May 2005. The orders prevent defendant from
contacting her ex-husband, Carey James Dye (plaintiff), or their
adult son, Daniel, in any manner. According to plaintiff's
testimony, Daniel is borderline mentally retarded and cannot care
for himself over an extended period of time. Daniel is twenty-
three years old and lives with his father.
Plaintiff moved to renew the orders on 6 April 2006,
complaining that defendant had continued to contact him, despitethe protective order, harassing him with phone calls at work and
mailings to his home. He testified, I'm afraid . . . to have to
look over my shoulder every time, wherever I go and have her at my
doorstep at her own free will. It is just_it would just put total
instability into my life, have her tie up my phones at work, which,
you know she has done in the past. Plaintiff also indicated that
Daniel suffers emotionally whenever he encounters defendant.
Plaintiff stated, As an ADHD adult with a learning disability and
excessive compulsive behavior[,] it effects [sic] him and my
relationship. It takes him days and even weeks to get over it.
The parties appeared before Judge Linda L. Falls on 3 May
2006, and defendant's attorney withdrew. Defendant has represented
herself pro se since the hearing. Both parties testified under
oath. After the hearing, Judge Falls renewed both protective
orders for an additional year until 3 May 2007. Defendant appeals.
Defendant appeared before this Court earlier in the year,
appealing a bond order. Dye v. Dye, NO. COA06-717, 2007 N.C. App.
LEXIS 1017 (May 15, 2007). We dismissed her appeal because of
massive violations of our Rules of Appellate Procedure, noting that
the Rules of Appellate Procedure 'apply to everyone_whether acting
pro se or being represented by all of the five largest law firms in
the state.' Id. at *3 (quoting Bledsoe v. County of Wilkes, 135
N.C. App. 124, 125, 519 S.E.2d 316, 317 (1999)). Again, we must
dismiss defendant's appeal without ruling on the merits.
Defendant's assignments of error were not concise, and were
extensively argumentative, in violation of N.C.R. App. P. 10(c)(1)(2007). Each assignment of error must 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) (2007). Many of defendant's assignments of
error do not even address an issue of law, much less state a legal
basis plainly, concisely and without argumentation.
As in her previous brief, defendant's statement of facts was
argumentative, speculative, and generally incomprehensible in
violation of N.C.R. App. P. 28(b)(5) (2007). Although we applaud
defendant's use of paragraphs, defendant again failed to organize
her brief in any coherent manner: there was no separate argument
section, no separate statement of each question presented with a
reference to assignments of error and the appropriate standard of
review . . . in violation of N.C.R. App. P. 28(b)(6) (2007). Dye,
2007 N.C. App. LEXIS 1017 at *3 (noting that defendant declined to
employ paragraphs in her brief).
Defendant also seeks relief that this Court cannot grant, even
if we were to overlook the extensive rules violations and rule in
her favor. For example, defendant asks that this Court rule by
striking down 50B's.
(See footnote 1)
Obviously, we are not positioned to
abolish the use of domestic protective orders, even if we so
desired. Defendant also asks us to request that an investigation
by the Attorney General be made into plaintiff's criminal
activities against Daniel Dye, as well as into various court
officials, including the clerk, the chief district court judge, andthe district attorney. We cannot mandate an investigation by the
Attorney General.
(See footnote 2)
Accordingly, as a result of gross rules violations, we dismiss
defendant's appeal.
Dismissed.
Panel consisting of Judges MCGEE, ELMORE, and STEPHENS.
Report per 30(e).
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