Tuesday, January 16, 2007, 6:11 PM

COA Issues Another Viar Decision

Today the COA, in an unpublished decision, held that it had to dismiss an appeal because the appellant failed to comply with the Rules of Appellate Procedure. His brief (1) failed to contain a statement of the ground for appellate review and (2) failed to contain a statement of the standard of review. See App. R. 28(b)(4),(6). The COA, however, went on to explain why it would affirm the trial court even if there had been no violation of the rules. Judge Wynn wrote the decision, and this is not the first time he's taken this (very fair) approach -- i.e., dismissing for noncompliance with the rules while noting that the panel would've affirmed the trial court anyhow.

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