Tuesday, February 06, 2007, 10:16 PM

More Re: Viar

In a decision today, the COA rejected a motion to dismiss an appeal for a purported rule violation while dropping this footnote: "We note again, however, the difficulty in applying our Supreme Court's ruling in Viar v. N.C. Department of Transportation to determine what might constitute 'creat[ing] an appeal for an appellate.'"

And as Sarah notes in her posts below, the COA declined to dismiss one appeal despite acknowledging a rule violation, and declined to dismiss another appeal over Judge McGee's dissent where she urged dismissal based on multiple rule violations.

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