Opinion

Sarno v. Sarno

  • 255 N.C. App. 543
  • 804 S.E.2d 819
  • 2017 N.C. App. LEXIS 756
Court
Court of Appeals of North Carolina
Filed
Sep 19, 2017
Status
Published
Author
Murphy
On the bench
Hunter, Robert, Murphy
Cited by
5 cases
Authority
More cited than 13.5%

treating appeal as petition for writ of certiorari despite defect in notice of appeal

How later courts described this case

  • treating appeal as petition for writ of certiorari despite defect in notice of appeal
  • discussing attorney’s fees and N.C.G.S. § 50- 13.6 in the context of child support

Written by the judges who cited it.

The opinion

MURPHY, Judge, dissenting

I agree with the Majority's analysis of the merits of this case. However, I do not join the Majority in treating the Appellant's brief as a petition for writ of certiorari as she failed to request for us to do so or file a petition in conformity with N.C. R. App. P. 21(a) and consequently would not reach the merits. I am persuaded that this situation is no different from the situation in the unpublished decision we issued in *830 State v. Scott , No. COA 15-559, --- N.C. App. ----, 781 S.E.2d 351 , 2015 WL 8750613 (N.C. Ct. App. December 15, 2015) (unpublished), applying State v. Inman , 206 N.C. App 324 , 696 S.E.2d 567 (2010). Further, I "decline to exercise [my] discretion under Rule 2 to correct the defects in [Appellant]'s purported petition for writ of certiorari ." State v. McCoy , 171 N.C. App. 636 , 639, 615 S.E.2d 319 , 321 (2005). "It is not the role of the appellate courts ... to create an appeal for an [A]ppellant." Krause v. RK Motors, LLC , --- N.C. App. ----, ----, 797 S.E.2d 335 , 339 (2017) (citing Viar v. N.C. Dep't of Transp. , 359 N.C. 400 , 402, 610 S.E.2d 360 , 361 (2005) ). Accordingly, I respectfully dissent and would dismiss the appeal.

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.