Capps v. NW Sign Industries of North Carolina, Inc.

I do not believe this case should be dismissed and I therefore respectfully dissent from the majority opinion. I believe this case should be heard on its merits and I would impose on Defendants the printing costs of the appeal.

The majority correctly recognizes that our Supreme Court, in State v. Hart, 361 N.C. 309, 644 S.E.2d 201 (2007), recently clarified its precedent related to violations of the Rules of Appellate Procedure: “[W]hen this Court said an appeal is ‘subject to’ dis*623missal for rules violations, it did not mean that an appeal shall be dismissed for any violation. Rather, ‘subject…