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Civil Practice – Appeals – Jurisdiction – Rules Violations

Civil Practice – Appeals – Jurisdiction – Rules Violations

Plaintiff’s notice of appeal does not specifically refer to a filed order; it refers to an oral order made on July 11, 2022, by Judge Steve Warren. A generous reading of plaintiff’s notice of appeal gives us jurisdiction over only the trial court’s order dismissing plaintiff’s amended complaint.

Plaintiff has committed multiple rule violations including (1) failing to include all the pages of the amended complaint, (2) adjusting the record without defendant’s knowledge, (3) adding a document to the record that was not admitted at trial, and (4) failing to substantiate his claims on appeal with legal support. The many non-jurisdictional defects are gross and substantial violations of the appellate rules when considered together, and these violations have the effect of frustrating the adversarial process and impairing this court’s task of meaningful review.

Appeal dismissed.

Mooney v. Fastenal Co. (Lawyers Weekly No. 012-160-23, 8 pp.) (Fred Gore, J.) Appealed from Buncombe County Superior Court (Steven Warren, J.) Christopher Mooney, pro se; Benjamin Holland and Meredith Hamilton for defendant. North Carolina Court of Appeals (unpublished)

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