Cole v. Adams

CLARK, Judge.

We initially note that defendant has failed to set forth any assignments of error and exceptions at the conclusion of the record on appeal or in his behalf. Failure to follow the Rules of Appellate Procedure subjects defendant’s appeal to dismissal. Marsico v. Adams, 41 N.C. App. 196, 266 S.E. 2d 696 (1980). This Court, however, has decided to exercise its discretionary power and consider the one “issue” argued in defendant’s brief on its merit. Plaintiff has not filed a brief.

Defendant argues that the trial court erroneously denied his motion for directed verdict because the…