Blount v. Blount

EAGLES, Judge.

At the outset we note that plaintiffs brief violates Rule 28(b)(5) of the Rules of Appellate Procedure by omitting reference to assignments of error and exceptions pertinent to the questions presented in the argument as required. Despite the procedural defects of plaintiffs brief, we choose to exercise our discretion under Rule 2, in order to consider the case on its merits.

The dispositive issue in this appeal is whether the trial court properly entered summary judgment in support of defendant’s claim that the 1976 separation agreement settled all the property rights of the…