Tuesday, June 5, 2007

Appeal Not Dismissed

The North Carolina Court of Appeals declined to  dismiss a civil appeal despite multiple failures to follow procedural rules governing such appeals. The court majority imposed costs rather than dismissal. A dissent would hold that the sole remedy for failure to adhere to procedural rules is dismissal, qouting from an earlier case suggesting that it is not the court's job to assist a litigant who can't follow procedure. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/06/appeal_not_dism.html

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