# Sarno v. Sarno

> Court of Appeals of North Carolina · September 19, 2017 · 255 N.C. App. 543

URL: https://www.frixlaw.com/law-library/cases/9878465

## Case

- **Full name:** Michelle D. SARNO, Plaintiff, v. Vincent J. SARNO, Defendant.
- **Court:** Court of Appeals of North Carolina
- **Decided:** September 19, 2017
- **Citations:** 255 N.C. App. 543; 804 S.E.2d 819; 2017 N.C. App. LEXIS 756
- **Precedential status:** Published
- **Opinion:** Dissent by Murphy
- **Judges:** Hunter, Robert, Murphy
- **Cited by:** 5 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/9878465

## How later opinions describe it (automated extraction)

- discussing attorney’s fees and N.C.G.S. § 50- 13.6 in the context of child support

## Opinion text

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 I am persuaded that this situation is no different from the situation in the unpublished decision we issued in *830 State v. Scott , No. COA 15-559, --- N.C. App.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 December 15, 2015) (unpublished), applying State v. Inman , 206 N.C. App 324 , 696 S.E.2d 567 (2010).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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9878465. Public record. Not legal advice.