Opinion

Shirley v. Administrative Office of the Courts (TA-5983)

  • 44 N.C. App. 188
  • 260 S.E.2d 448
  • 1979 N.C. App. LEXIS 3191
Court
Court of Appeals of North Carolina
Filed
Dec 4, 1979
Status
Published
Author
Martinharry
On the bench
Harry, Martin, Vaughn, Webb
Cited by
0 cases
Authority
More cited than 18.9%

The opinion

MARTIN (Harry C.), Judge.

Appellant violated Rule 10(a), (b)(1), (b)(2), and (c) of the North Carolina Rules of Appellate Procedure by failing to set out any exceptions in the record on appeal, failing to make exceptions as the basis of the assignments of error, and failing to indicate the pages of the record on appeal where the exceptions appear. Appellant also violated App. R. 28(b)(3) by failing to refer in his brief to the assignments of error, exceptions and pages where they appear in the record on appeal.

*189 Exceptions not preserved and set forth as required by the Rules are deemed abandoned. Appellant does not properly raise in his brief the question whether the findings of fact and conclusions of law support the order. Rule 10(a), North Carolina Rules of Appellate Procedure.

For these reasons the appeal is subject to dismissal. The Rules of Appellate Procedure are mandatory. Craver v. Craver, 298 N.C. 231 , 258 S.E. 2d 357 (1979); State v. Brown, 42 N.C. App. 724 , 257 S.E. 2d 668 (1979).

The Rules of Appellate Procedure apply to a litigant appearing in propria persona. Neither counsel nor parties have any right to ignore the Rules of Appellate Procedure. Owens v. Boling, 274 N.C. 374 , 163 S.E. 2d 396 (1968). The right of self-representation is not a license to avoid compliance with relevant rules of procedural law. Faretta v. California, 422 U.S. 806 , 45 L.Ed. 2d 562 (1975). See State v. Brincefield, 43 N.C. App. 49 , 258 S.E. 2d 81 (1979).

Appeal dismissed.

Judges Vaughn and Webb concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.