Onslow County v. Moore, s. COA97-32
| Docket Nº | COA97-35 |
| Citation | 127 N.C.App. 546, 491 S.E.2d 670 |
| Case Date | October 21, 1997 |
| Court | Court of Appeal of North Carolina (US) |
Page 670
v.
Gene MOORE, Appellant-Defendant.
Kimberly McKILLOP, Appellant-Plaintiff,
v.
ONSLOW COUNTY, Appellee-Defendant.
Patricia TREANTS, Appellant-Plaintiff,
v.
ONSLOW COUNTY, Appellee-Defendant.
Jeffrey S. Miller, Jacksonville, for appellants Moore, McKillop and Treants.
Shipman & Associates, L.L.P. by Gary K. Shipman, Carl W. Thurman, III, and C. Wes Hodges, II, Wilmington, for appellee Onslow County.
SMITH, Judge.
Appellants Gene Moore, Kimberly McKillop, and Patricia Treants (collectively "appellants") each own businesses alleged to be in violation of an ordinance of appellee Onslow County ("the County") entitled "Ordinance to Regulate Adult Businesses and Sexually Oriented Businesses in Onslow County, NC." ("the ordinance"). In No. 95 CvS 2836, the County filed an action against Moore seeking injunctive relief ordering him to comply with the ordinance. Moore appeals an order finding him in contempt of a preliminary injunction entered 26 March 1996. McKillop and Treants filed separate actions against the County seeking a declaration that the ordinance was invalid and unconstitutional. McKillop and Treants appeal judgments dismissing their claims with prejudice and permanently enjoining them from violating the ordinance. The County also appeals from the portion of the judgments declaring the ordinance partially preempted by N.C. Gen.Stat. § 14-202.11 (1993). This Court, upon its own initiative, has consolidated the appeals in these cases due to the common questions presented.
We take this opportunity to remind our colleagues in the bar and on the bench that our Rules of Appellate Procedure are mandatory and violations thereof subject an appeal to dismissal. Adams v. Kelly Springfield Tire Co., 123 N.C.App. 681, 682, 474 S.E.2d 793, 794 (1996). Each appellant in the instant cases, including the County, has failed to comply with the Rules of Appellate Procedure and their appeals are dismissed.
N.C.R.App. P. 11(c) states that
[w]ithin 21 days ... after service upon him of appellant's proposed record on appeal, an appellee may serve upon all other parties specific amendments or objections to the proposed record on appeal, or a proposed alternative record on appeal....
[127 N.C.App. 548] If any appellee timely files amendments, objections, or a proposed alternative record on appeal,...
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Groves v. COMMUNITY HOUSING OF HAYWOOD, COA00-404.
...2 to suspend the Rules, permitting us to consider the merits of plaintiff's appeal. See N.C.R.App. P. 2 (2001); Onslow County v. Moore, 127 N.C.App. 546, 491 S.E.2d 670 (1997), disc. review allowed, decision vacated and remanded for consideration on the merits, 347 N.C. 672, 500 S.E.2d 88 (......
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Taylor v. City of Lenoir, COA99-1228.
...our discretion, pursuant to N.C.R .App.P. 2, to suspend the rules and decide the case on the merits. Later, in Onslow County v. Moore, 127 N.C.App. 546, 491 S.E.2d 670 (1997), Judge Smith, writing for the Court, Because the trial court's purported extension of time to file the records on ap......
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Taylor v. City of Lenoir, COA99-1228.
...our discretion, pursuant to N.C.R.App. P. 2, to suspend the rules and decide the case on the merits. Later, in Onslow County v. Moore, 127 N.C.App. 546, 491 S.E.2d 670 (1997), Judge Smith, writing for the Court, Because the trial court's purported extension of time to file the records on ap......
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McKillop v. Onslow County, COA99-814.
...County v. Moore, 129 532 S.E.2d 597 N.C.App. 376, 382, 499 S.E.2d 780, 785 (1998). (For more information, see Onslow County v. Moore, 127 N.C.App. 546, 491 S.E.2d 670 (1997); Onslow County v. Moore, 347 N.C. 672, 500 S.E.2d 88 On 5 October 1998, the County moved for an order to show cause w......
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Groves v. COMMUNITY HOUSING OF HAYWOOD, COA00-404.
...2 to suspend the Rules, permitting us to consider the merits of plaintiff's appeal. See N.C.R.App. P. 2 (2001); Onslow County v. Moore, 127 N.C.App. 546, 491 S.E.2d 670 (1997), disc. review allowed, decision vacated and remanded for consideration on the merits, 347 N.C. 672, 500 S.E.2d 88 (......
-
Taylor v. City of Lenoir, COA99-1228.
...our discretion, pursuant to N.C.R .App.P. 2, to suspend the rules and decide the case on the merits. Later, in Onslow County v. Moore, 127 N.C.App. 546, 491 S.E.2d 670 (1997), Judge Smith, writing for the Court, Because the trial court's purported extension of time to file the records on ap......
-
Taylor v. City of Lenoir, COA99-1228.
...our discretion, pursuant to N.C.R.App. P. 2, to suspend the rules and decide the case on the merits. Later, in Onslow County v. Moore, 127 N.C.App. 546, 491 S.E.2d 670 (1997), Judge Smith, writing for the Court, Because the trial court's purported extension of time to file the records on ap......
-
McKillop v. Onslow County, COA99-814.
...County v. Moore, 129 532 S.E.2d 597 N.C.App. 376, 382, 499 S.E.2d 780, 785 (1998). (For more information, see Onslow County v. Moore, 127 N.C.App. 546, 491 S.E.2d 670 (1997); Onslow County v. Moore, 347 N.C. 672, 500 S.E.2d 88 On 5 October 1998, the County moved for an order to show cause w......