# Spartan Equipment Co. v. Troitino & Brown, Inc.

> Court of Appeals of North Carolina · April 15, 1980 · 46 N.C. App. 343

URL: https://www.frixlaw.com/law-library/cases/8903360

## Case

- **Full name:** SPARTAN EQUIPMENT COMPANY, INC. v. TROITINO and BROWN, INCORPORATED
- **Court:** Court of Appeals of North Carolina
- **Decided:** April 15, 1980
- **Citations:** 46 N.C. App. 343; 264 S.E.2d 759; 1980 N.C. App. LEXIS 2820
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hill
- **Judges:** Hill, Martin, Robert, 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/8903360

## Opinion text

HILL, Judge.
Appellant violated Rule 10(b) and (c) of the Rules of Appellate Procedure by failing to number its exceptions in the record and by failing to list the exceptions after the assignments of error identified by their number and by pages in the record at which they appear. It further violated Appellate Rule 28(b)(1) by failing to give a statement of questions presented for review in its brief. It likewise failed to present the pertinent assignments of error and exceptions after each argument in its brief as required by Appellate Rule 28(b)(3). For these reasons, the appeal is subject to dismissal.
*344 Exceptions not preserved and set forth as required by the Rules are deemed abandoned. 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).
For the reasons stated above, the appeal is
Dismissed.
Judges MARTIN (Robert M.) and WEBB concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8903360. Public record. Not legal advice.