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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Procedure.

NO. COA07-41


Filed: 7 August 2007


         v.                        Orange County
                                No. 03 CVD 1510

    Appeal by plaintiff from order entered 29 December 2006, nunc pro tunc 29 September 2006, by Judge Alonzo B. Coleman, Jr., in Orange County District Court. Heard in the Court of Appeals 23 July 2007.

    Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene and Adrienne E. Allison, for plaintiff-appellant.

    Donna Ambler Davis, P.C., by Donna Ambler Davis, for defendant-appellee.

    CALABRIA, Judge.

    Betsy Lynn Sleath (“plaintiff”) appeals from an order denying her motion to dismiss an appeal filed by defendant. We dismiss plaintiff's appeal as moot.
    On 8 March 2006, Terry Edward Adams (“defendant”) filed a notice of appeal from an order dated 3 February 2006 dismissing his appeal of an equitable distribution order entered 12 August 2005. On 17 July 2006, plaintiff filed a motion to dismiss the Appeal based on defendant's alleged failure to timely serve the proposed record on appeal. Judge Alonzo B. Coleman, Jr. denied plaintiff'smotion to dismiss the appeal, defendant's appeal was docketed in this Court as COA06-1453, and subsequently dismissed in an opinion filed 1 May 2007. Sleath v. Adams, __ N.C. App. __, __ S.E.2d __ (N.C. Ct. App. May 1, 2007) (unpublished). Since this Court dismissed defendant's appeal, plaintiff's appeal from the district court's order denying her motion to dismiss the same appeal is rendered moot. State ex rel. Utils Comm'n v. S. Bell Tel. & Tel. Co., 289 N.C. 286, 288, 221 S.E.2d 322, 324 (1976) (citing Parent-Teacher Ass'n v. Bd. of Educ., 275 N.C. 675, 679, 170 S.E.2d 473, 476 (1969)). Accordingly, we dismiss plaintiff's appeal as moot.
    Chief Judge MARTIN and Judge JACKSON concur.
    Report per Rule 30(e).

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