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Appellate Rules Violations Fail Dogwood Test, Sanctions Imposed

By Sean E. Andrussier

In Weeks v. Select Homes, Inc., the COA held that the plaintiffs' Appellate Rules violations rose to the level of a ?substantial failure or gross violation? under the standard established in Dogwood Dev. & Mgmt. Co. v. White Oak Transp. Co. (NC 2008). The Plaintiff?s rules violations included numerous formatting errors, a failure to state the grounds for appellate review, and a failure to reference any assignments of error following the questions presented. The COA heard the merits of plaintiff?s case but imposed sanctions, ordering the plaintiff?s counsel to: ?(1) pay double the printing costs of this appeal and (2) review the Rules of Appellate Procedure and certify by affidavit to this Court that he will be more diligent and comply with the Rules of Appellate Procedure in any future appeals.?

Full post as published by North Carolina Appellate Blog on November 19, 2008 (boomark / email).