Wright v. Lorusso

Opinion

Wright v. LoRusso, 2026 NCBC 48.

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION MECKLENBURG COUNTY 20CVS010612-590

JODY STANSELL, individually and as a member of LORUSSO VENTURES, LLC d/b/a CINCH.SKIRT,

Plaintiff,

v.

KRISTA LORUSSO, individually and as a member-manager of LORUSSO ORDER AND OPINION VENTURES, LLC d/b/a DISMISSING PLAINTIFF’S APPEAL CINCH.SKIRT,

Defendant,

LORUSSO VENTURES, LLC d/b/a CINCH.SKIRT,

Nominal Defendant.

Jody Stansell, pro se.

Leonard G. Kornberg, P.A., by Leonard G. Kornberg, for Defendant Krista LoRusso.

Higgins & Owens, PLLC, by Sally Higgins, for Nominal Defendant LoRusso Ventures, LLC.

Conrad, Judge.

1. In an earlier order, the Court directed Plaintiff Jody Stansell to show cause

why his notice of appeal should not be dismissed for failure to comply with governing

rules and statutes. (See Order to Show Cause, ECF No. 317.) Stansell did not file a

brief or take any other action in response to that order, and the deadline to do so has

passed. The Court now dismisses his appeal for the following reasons. 2. On 18 March 2026, the Court issued a final judgment disposing of all claims

in this case. See generally Stansell v. LoRusso, 2026 NCBC LEXIS 68 (N.C. Super.

Ct. Mar. 18, 2026). On 15 April 2026, Stansell filed a notice of appeal through the

Court’s electronic filing system, but he did not file the notice with the Clerk of

Superior Court for Mecklenburg County. The document “gives notice of appeal to the

North Carolina Court of Appeals . . . .” (Notice of Appeal, ECF No. 315.)

3. It appears that Stansell’s appeal has not been docketed with the appellate

court. Accordingly, this Court retains jurisdiction to determine whether he timely

and properly filed his notice of appeal. See, e.g., L. Off. of Ashley-Nicole Russell, P.A.

v. McLawhorn Legal Servs. PLLC, 2026 NCBC LEXIS 101, at *3–4 (N.C. Super. Ct.

Apr. 29, 2026); Carter v. Clements Walker PLLC, 2014 NCBC LEXIS 12, at *6–8 (N.C.

Super. Ct. Apr. 30, 2014).

4. Under the North Carolina Rules of Appellate Procedure, an appealing party

must file his “notice of appeal with the clerk of superior court” no more than “thirty

days after entry of judgment.” N.C. R. App. P. 3(a), (c)(1). Stansell did not file his

notice of appeal with the Clerk of Superior Court for Mecklenburg County within

thirty days of the Court’s judgment (and, indeed, still has not filed the notice with the

Clerk).

5. In addition, an appeal from a “final judgment in a case designated as a

mandatory complex business case” shall be taken to the Supreme Court of North

Carolina. N.C.G.S. § 7A-27(a). Stansell, however, erroneously attempted to give

notice of appeal to the North Carolina Court of Appeals. See, e.g., Christenbury Eye Ctr., P.A. v. Medflow, Inc., 246 N.C. App. 237, 239–40 (2016) (dismissing an appeal

from a final judgment of the Business Court for lack of jurisdiction).

6. Accordingly, Stansell’s notice of appeal is untimely and does not comply with

Appellate Rule 3 and section 7A-27(a). Though put on notice of these apparent defects

and given the chance to show otherwise, Stansell has offered no response of any kind.

7. As this Court has repeatedly observed, “the trial court must strictly construe

Appellate Rule 3 and is not vested with the discretion to allow an appeal to proceed

notwithstanding a notice of appeal’s noncompliance with that rule.” L. Off. of

Ashley-Nicole Russell, 2026 NCBC LEXIS 101, at *5 (dismissing notice of appeal that

was not timely filed with the clerk of superior court and that erroneously named the

Court of Appeals); see also Zloop, Inc. v. Parker Poe Adams & Bernstein, LLP, 2018

NCBC LEXIS 40, at *4–5 (N.C. Super. Ct. Apr. 30, 2018) (dismissing appeal); Carter,

2014 NCBC LEXIS 12, at *18–19 (same).

8. For all these reasons, the Court DISMISSES Stansell’s appeal.

SO ORDERED, this the 21st day of May, 2026.

/s/ Adam M. Conrad Adam M. Conrad Special Superior Court Judge for Complex Business Cases