Legal Opinion

Rogers v. Colpitts

Court of Appeals of North Carolina

Decided May 5, 1998No. COA97-900PublishedCited by 12 opinions

1Opinion of the Court

GREENE, Judge.

David E. Colpitts (Defendant) appeals from the trial court’s 17 March 1997 order and judgment ordering specific performance of portions of the parties’ separation agreement.

In the record on appeal, Defendant’s sole assignment of error states: “[Defendant] assigns as error the following: 1. The Court’s ‘Order’ No. 8(a). Record, page 46.”

The dispositive issue is whether Defendant has abandoned his appeal by failing to specify the legal basis on which he assigns error.

The scope of review on appeal “is confined to a consideration of those assignments of error set out in the record…

2Cases cited3 opinions

  1. Kimmel v. BrettCourt of Appeals of North Carolina · 1988
  2. Maynor v. Onslow CountyCourt of Appeals of North Carolina · 1997
  3. Industrial Innovators, Inc. v. Myrick-White, Inc.Court of Appeals of North Carolina · 1990

3Cited by12 opinions

  1. Walker v. WalkerCourt of Appeals of North Carolina · 2005
  2. Marketplace Antique Mall, Inc. v. LewisCourt of Appeals of North Carolina · 2004
  3. Broderick v. BroderickCourt of Appeals of North Carolina · 2006
  4. Collins v. St. George Physical TherapyCourt of Appeals of North Carolina · 2000
  5. Kniep v. TempletonCourt of Appeals of North Carolina · 2007

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