Outerbridge v. Perdue Farms, Inc.

I concur in the majority’s conclusion that defendant seeks affirmative relief in this Court rather than arguing an alternative basis in law for supporting the judgment, and that defendant is not entitled to cross-assign the error identified. I otherwise dissent from the majority opinion because it addresses issues not preserved for appeal. I write separately to address the error articulated by plaintiff.

Under N.C.R. App. R 28(a), “[t]he function of all briefs ... is to define clearly the questions presented to the reviewing court and to present the arguments and authorities upon which the…