Spartan Equipment Co. v. Troitino & Brown, Inc.

264 S.E.2d 759, 46 N.C. App. 343, 1980 N.C. App. LEXIS 2820
Court of Appeals of North Carolina·Decided April 15, 1980·No. No. 7926SC918·Published

Opinion

HILL, Judge.

Appellant violated Rule 10(b) and (c) of the Rules of Appellate Procedure by failing to number its exceptions in the record and by failing to list the exceptions after the assignments of error identified by their number and by pages in the record at which they appear. It further violated Appellate Rule 28(b)(1) by failing to give a statement of questions presented for review in its brief. It likewise failed to present the pertinent assignments of error and exceptions after each argument in its brief as required by Appellate Rule 28(b)(3). For these reasons, the appeal is subject to dismissal.

[344] Exceptions not preserved and set forth as required by the Rules are deemed abandoned. The Rules of Appellate Procedure are mandatory. Craver v. Craver, 298 N.C. 231, 258 S.E. 2d 357 (1979); State v. Brown, 42 N.C. App. 724, 257 S.E. 2d 668 (1979).

For the reasons stated above, the appeal is

Dismissed.

Judges MARTIN (Robert M.) and WEBB concur.

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Spartan Equipment Co. v. Troitino & Brown, Inc., 264 S.E.2d 759, 46 N.C. App. 343, 1980 N.C. App. LEXIS 2820 (N.C. Ct. App. 1980).

264 S.E.2d 759 (Spartan Equipment Co. v. Troitino & Brown, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Craver v. Craver
258 S.E.2d 357 (Supreme Court of North Carolina, 1979)
State v. Brown
257 S.E.2d 668 (Court of Appeals of North Carolina, 1979)