Marsico v. Adams

HILL, Judge.

Defendants properly bring forth an argument in their appellate brief and state in part that, “... at least nominal damages should be awarded byway of a setoff.... ” Defendants base their argument on their assignment of error #13 and exception #28. When we look to the record, however, no exception #28 is apparent.

Appellate Rule 10(b) states that,

Each exception shall be set out immediately following the record of judicial action to which it is addressed .... Exceptions set out in the record on appeal shall be numbered consecutively ....

The Rules of Appellate Procedure are mandatory.…