# Miller Grading & Construction Co. v. Luckey

> Court of Appeals of North Carolina · December 18, 1979 · 44 N.C. App. 378

URL: https://www.frixlaw.com/law-library/cases/8903138

## Case

- **Full name:** MILLER GRADING and CONSTRUCTION COMPANY v. MARIE LUCKEY
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 18, 1979
- **Citations:** 44 N.C. App. 378; 260 S.E.2d 774; 1979 N.C. App. LEXIS 3258
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Martinharry
- **Judges:** Harry, Martin, Vaughn, Webb
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8903138

## Opinion text

MARTIN (Harry C.), Judge.
Appellant violated Rule 9(c)(4) of the North Carolina Rules of Appellate Procedure by failing to number the pages of the record on appeal. She also violated Rule 10(a), (c), by failing to make her exceptions in the record the basis of assignments of error and failing to list the exceptions after the assignments of error with identification of the pages in the record where they appear. In her brief, defendant failed to refer to the assignments of error and exceptions pertinent to the questions argued and failed to refer to pages of the record where they appear. This violates App. R. 28(b)(3).
Exceptions not preserved and set forth as required by the Rules are deemed abandoned. 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).
Appeal dismissed.
Judges Vaughn and Webb concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8903138. Public record. Not legal advice.