Legal Opinion · Dissent

CAROLINA FOREST ASS'N, INC. v. White

Court of Appeals of North Carolina

Decided July 7, 2009No. COA08-1445Published

1DissentStroud, Judge

Due to defendants’ numerous egregious violations of the North Carolina Rules of Appellate Procedure, I would grant plaintiff’s motion to dismiss this appeal. I therefore respectfully dissent.

The majority explains the convoluted procedural history of this case, defendants’ failure to appear at the trial of this matter and thus to preserve any objections for review, and the many violations of the Rules of Appellate Procedure in the record and in defendants’ brief. The deficiencies in the record on appeal are even acknowledged by defendants’ statement in the record that

[a]ppellants have not been…

2Cases cited3 opinions

  1. Dogwood Development & Management Co. LLC v. White Oak Transport Co.Supreme Court of North Carolina · 2008
  2. Bledsoe v. County of WilkesCourt of Appeals of North Carolina · 1999
  3. Orix Financial Services, Inc. v. Raspberry Logging, Inc.Court of Appeals of North Carolina · 2008

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