Polygenex International, Inc. v. Polyzen, Inc.

EAGLES, Chief Judge.

We first note that on 28 January 1999, McGarry petitioned this Court for writ of certiorari pursuant to Rule 21 of the N.C. R. App. Proc. The petition for writ of certiorari is granted.

We next consider whether the trial court committed reversible error by sanctioning McGarry pursuant to Rule 11. McGarry first argues that the order should be vacated as to him on the grounds that he was deprived of his federal and state constitutional due process rights. Additionally, McGarry argues that “[u]nder the plain and unambiguous language of Rule 11, sanctions apply only to…