Walsh v. Town of Wrightsville Beach Board of Alderman

Because petitioner’s assignment of error and brief sufficiently direct this Court to the sole error assigned and do not impede respondent’s comprehension of the issue, I respectfully dissent from the majority’s holding that petitioner’s appeal should be dismissed for violations of our Rules of Appellate Procedure. I would therefore elect to use Rule 2 to review the merits of petitioner’s appeal.

Both the North Carolina Supreme Court and this Court have held that the Rules of Appellate Procedure are mandatory and a failure to follow those rules will subject an appeal to dismissal. See Viar v.…