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Surber v. Rockingham County Board of Education11/15/2005
of this appeal. A "'failure to follow these rules will subject an appeal to dismissal.'" Consol. Elec. Distribs., Inc. v. Dorsey, __ N.C. App. __, __, 613 S.E.2d 518, 520 (2005) (quotingSteingress v. Steingress, 350 N.C. 64, 65, 511 S.E.2d 298, 299 (1999) (citations omitted)).
Our Rules of Appellate Procedure set limitations on the matters which we may address in a case before us. Rule 10(a) provides that our "scope of review on appeal is confined to a consideration of those assignments of error set out in the record on appeal in accordance with this Rule 10." N.C. R. App. P. 10(a) (2005). Rule 10 further provides that:
A listing of the assignments of error upon which an appeal is predicated shall be stated at the conclusion of the record on appeal . . . . Each assignment of error shall, so far as practicable, be confined to a single issue of law; and shall state plainly, concisely and without argumentation the legal basis upon which error is assigned. An assignment of error is sufficient if it directs the attention of the appellate court to the particular error about which the question is made, with clear and specific record or transcript references. Questions made as to several issues or findings relating to one ground of recovery or defense may be combined in one assignment of error, if separate record or transcript references are made.
N.C. R. App. P. 10(c)(1) (2005) (emphasis added). In the present case, defendant's assignments of error are found on page three of the one hundred and two page record on appeal. In addition, defendant has failed to set forth any specific references to the record or transcript where the purported errors occurred. Not one of defendant's nine assignments of error contains any reference to a page in the record or the transcript of evidence.
Our Rules of Appellate Procedure further set forth guidelines regarding the format to which an appellant's brief must adhere. Rule 28(a) provides that " he function of all briefs required or permitted by these rules is to define clearly the questions presented to the reviewing court and to present the arguments and authorities upon which the parties rely in support of their respective positions thereon." N.C. R. App. P. 28(a) (2005). Rule 28 further details the format which an appellant's arguments must adhere to, and provides that:
Immediately following each question shall be a reference to the assignments of error pertinent to the question, identified by their numbers and by the pages at which they appear in the printed record on appeal. Assignments of error not set out in the appellant's brief, or in support of which no reason or argument is stated or authority cited, will be taken as abandoned.
N.C. R. App. P. 28(b)(6) (2005) (emphasis added). In the instant case, defendant sets out three distinct questions in the argument section of its brief. None of the questions raised by defendant reference any of its assignments of error, nor do any of the questions make reference to any pages in the record on appeal. Therefore, they are deemed abandoned pursuant to Rule 28(b)(6).
Our Rules of Appellate Procedure "must be consistently applied; otherwise, the Rules become meaningless, and an appellee is left without notice of the basis upon which an appellate court might rule." Viar v. N.C. DOT, 359 N.C. 400, 402, 610 S.E.2d 360, 361 (per curiam) (adopting dissenting opinion of Tyson, J., 162 N.C. App. 362, 590 S.E.2d 909 (2004)), reh'g denied, __ N.C. __, 617 S.E.2d 662 (2005). While we may use our discretion to invoke Rule 2 of our rules of appellate procedure, thereby suspending therequirements of the rules in order to "prevent manifest injustice," we decline to d
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