Viar v. North Carolina Department of Transportation

On appeal to this Court, defendant contends that plaintiffs appeal should be dismissed in accordance with Judge Tyson’s dissenting opinion in the Court of Appeals for violation of the Rules of Appellate Procedure. We agree.

The North Carolina Rules of Appellate Procedure are mandatory and “failure to follow these rules will subject an appeal to dismissal.” Steingress v. Steingress, 350 N.C. 64, 65, 511 S.E.2d 298, 299 (1999). In the instant case, plaintiff has failed to comply with Rule 10 and Rule 28(b). With respect to assignments of error, Rule 10(c) provides the following:(1) Form; Record…