Tuesday, March 20, 2007, 4:13 PM

COA Dismisses An Appeal For "Very Substantial" Rules Violations

In Person Earth Movers, Inc. v. Thomas, the COA dismissed an appeal based on "very substantial" appellate rules violations "that impair [the Court's] ability to comprehend this case and the issues."

In Person Earth Movers (in which no brief was filed by the appellee), the COA faulted the appellant for: 1) failure to include a statement of grounds for appellate review; 2) providing a vague 1-paragraph statement of facts without specific page references to the large transcript and record; 3) providing no statement of the applicable standard(s) of review; 4) deficient assignments of error; 5) failure, in part of his argument, to cite any legal authorities; and 6) deficient arguments that would have required the Court to articulate those arguments for the appellant.

Notably, the COA stated that "when viewed in tandem, the nature and significance of plaintiff's rules violations warrant dismissal of the subject appeal." The Court quoted Caldwell v. Branch, __ N.C. App. __, 638 S.E.2d 552 (2007), in which the Court noted a trend to dismiss appeals for substantial, numerous, or multiple violations rather than a single violation.


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