Legal Opinion

Cato v. Cato

Court of Appeals of North Carolina

Decided April 18, 1995No. 9420DC467Published

1Opinion of the Court

ARNOLD, Chief Judge.

At the outset, we note that in filing the record on appeal defendant made an unauthorized change in the caption of this case in violation of our appellate rules. State v. Sneed, 112 N.C. App. 361, 435 S.E.2d 579 (1993). “Rule 26(g) . . . provides that ‘[t]he format of all papers presented for filing shall follow the instructions found in the Appendixes to these Appellate Rules,’ and Appendix B provides that ‘[t]he caption should reflect the title to the action (all parties named) as it appeared in the trial division.’ ” Id. at 363, 435 S.E.2d at 580 (quoting N.C.R. App. P.…

2Cases cited6 opinions

  1. Bankr. L. Rep. P 74,571 in Re Judy L. Dewalt, Debtor. Manufacturers Hanover, Fka Finance One of California, Inc. v. Judy L. DewaltCourt of Appeals for the Ninth Circuit · 1992
  2. Brown v. Barley (In Re Barley)United States Bankruptcy Court, N.D. Indiana · 1991
  3. First Union National Bank of North Carolina v. NaylorCourt of Appeals of North Carolina · 1991
  4. Odle Cumberlin Auctioneers v. Rider (In Re Rider)United States Bankruptcy Court, D. Colorado · 1988
  5. Connolly v. Haendiges (In Re Haendiges)United States Bankruptcy Court, M.D. Florida · 1993

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