Broderick v. Broderick
Case Details
- Judge(s)
- Geer
- Status
- Published
- Procedural Posture
- Appeal dismissed on procedural grounds
Related Laws
No specific laws identified for this ruling.
Outcome
Plaintiff's appeal was dismissed for failure to comply with North Carolina Rules of Appellate Procedure 10(c)(1), specifically for failing to provide adequate record references and limiting scope of review, and for failing to give the appellee adequate notice of the appeal basis.
Excerpt
Appeal and Error — appellate rules violations — failure to limit scope of review — failure to give adequate notice Plaintiff's appeal is dismissed for failure to comply with N.C. R. App. P. 10(c)(1), because: (1) plaintiff's single assignment of error without record references does not set forth a legal issue for determination and does no more than duplicate the notice of appeal which does not serve its function of limiting the scope ofPage 502 review; (2) appellee did not receive adequate notice of the basis upon which the appeal might be resolved; and (3) the Court of Appeals cannot invoke N.C.R.App.P. 2 as a means of addressing issues not raised by an appellant. Judge WYNN concurring in the result.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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