Long v. Fink

JOHNSON, Judge.

Plaintiff s sole Assignment of Error is based upon two exceptions taken to the 1 April 1985 order of summary judgment in favor of defendants signed by Judge Burroughs. In order to prevent manifest injustice we invoke Rule 2 of the North Carolina Rules of Appellate Procedure and expand our review, ordinarily confined to consideration of only exceptions and assignments of error taken, to extend consideration to the whole record before us. Rule 2, Rule 10(a), N.C. Rules App. P.

The record reveals that procedural errors were made by both parties. We note that plaintiff could have…