Meehan v. Cable

Judge Cozort

dissenting.

I vote to dismiss plaintiff’s appeal.

Rule 10(c)(1) of the North Carolina Rules of Appellate Procedure states, in part: “Each assignment of error shall, so far as practicable, be confined to a single issue of law; and shall state plainly, concisely and without argumentation the legal basis upon which error is assigned.” N.C.R. App. P. 10(c)(1) (1997).

Plaintiff’s assignments of error state:

Plaintiff/Appellant, John Thomas Meehan respectfully assigns the following errors:

1. Paragraph 1 of the Order of the Honorable James U. Downs dated July 25, 1996.

EXCEPTION No. 1, R. p. 20

2. Paragraph 2 of the Order of the Honorable James U. Downs dated July 25, 1996.

EXCEPTION No. 2, R. p. 20

3. Paragraph 3 of the Order of the Honorable James U. Downs dated July 25, 1996.

EXCEPTION No. 3, R. p. 21.

These assignments of error completely fail to state any “legal basis upon which error is assigned.” Failure to follow the Rules of Appellate Procedure regarding the form of assignments of error subjects an appeal to dismissal. Bustle v. Rice, 116 N.C. App. 658, 449 S.E.2d 10 (1994); State v. Thomas, 332 N.C. 544, 423 S.E.2d 75 (1992). Our rules were not written to be ignored by the parties or this Court. This appeal should be dismissed.