Shirley v. Administrative Office of the Courts (TA-5983)
Shirley v. Administrative Office of the Courts (TA-5983)
Opinion of the Court
Appellant violated Rule 10(a), (b)(1), (b)(2), and (c) of the North Carolina Rules of Appellate Procedure by failing to set out any exceptions in the record on appeal, failing to make exceptions as the basis of the assignments of error, and failing to indicate the pages of the record on appeal where the exceptions appear. Appellant also violated App. R. 28(b)(3) by failing to refer in his brief to the assignments of error, exceptions and pages where they appear in the record on appeal.
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).
The Rules of Appellate Procedure apply to a litigant appearing in propria persona. Neither counsel nor parties have any right to ignore the Rules of Appellate Procedure. Owens v. Boling, 274 N.C. 374, 163 S.E. 2d 396 (1968). The right of self-representation is not a license to avoid compliance with relevant rules of procedural law. Faretta v. California, 422 U.S. 806, 45 L.Ed. 2d 562 (1975). See State v. Brincefield, 43 N.C. App. 49, 258 S.E. 2d 81 (1979).
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.