Legal Opinion

Wade v. Carolina Brush Man.

North Carolina Industrial Commission

Decided February 23, 2006No. I.C. NO. 351780Published

1Opinion of the Court

RULING ON MOTION TO DISMISS APPEAL

Defendants have filed a motion with the Industrial Commission to dismiss plaintiff's appeal with prejudice for failure to prosecute the appeal. Defendants contend, and the Full Commission finds as fact, that plaintiff filed an appeal from the March 1, 2005, opinion and award of Chief Deputy Commissioner Gheen on or about March 11, 2005; that the transcript of evidence was submitted to the parties on or about May 16, 2005; that plaintiff did not file either a Form 44 or a supporting brief within twenty-five days of May 16, 2005 or at any time thereafter; and…

2Cases cited5 opinions

  1. Holley v. Acts, Inc.Supreme Court of North Carolina · 2003
  2. Smith v. Champion InternationalCourt of Appeals of North Carolina · 1999
  3. Roberts v. Wal-Mart Stores, Inc.Court of Appeals of North Carolina · 2005
  4. Ruffin v. Compass Group USACourt of Appeals of North Carolina · 2002
  5. Adams v. M.A. Hanna Co.Court of Appeals of North Carolina · 2004

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