Sessoms v. Sessoms, 8418DC1302
| Decision Date | 06 August 1985 |
| Docket Number | No. 8418DC1302,8418DC1302 |
| Citation | 332 S.E.2d 511,76 N.C.App. 338 |
| Court | North Carolina Court of Appeals |
| Parties | Clementine S. SESSOMS, Individually and Clementine S. Sessoms, Trustee v. Arnold S. SESSOMS. |
Alexander Ralston, Pell & Speckhard by Elreta Alexander Ralston, for plaintiff-appellant.
Hatfield & Hatfield by Kathryn K. Hatfield, for defendant-appellee.
Plaintiff filed a motion in the District Court of Guilford County on 13 July 1984 requesting enforcement of a 24 January 1984 Consent Order entered into by her and defendant, her former husband, which settled the alimony, child support and custody, and division of property issues between the two of them resulting from their separation and divorce. On 17 July 1984, the defendant filed a motion concerning visitation rights. The motions were heard on 7 August 1984. The trial court ruled on several issues in open court; however, its rulings were apparently never reduced to a written order. On 17 August 1984, the plaintiff filed a notice of appeal from the "Orders of the Court, orally entered in open Court on August 7, 1984."
The record on appeal filed in this Court consists of copies of various pleadings, documents and exhibits, and the complete stenographic transcript of the 7 August 1984 hearing. The record does not contain a copy of the order appealed from. The verbatim transcript does not contain any exceptions to the trial court's rulings or orders entered. The plaintiff has attached to her brief an appendix which includes some twenty (20) pages of the transcript. On the last two pages of the part of the transcript submitted with her brief, plaintiff has penciled in five (5) exceptions. In her brief, plaintiff makes reference to exceptions numbers six (6) and seven (7), which do not appear to be in the transcript submitted with the record or the copy submitted with her brief.
The plaintiff's failure to submit a copy of the purported order from which she appeals is a violation of Appellate Rule 9(a)(1)(viii), which states in clear language that the record on appeal in civil actions shall contain "a copy of the judgment, order or other determination from which appeal is taken." In this case, submission of the transcript of the trial court's statements as to what he will find and order is not sufficient. Likewise, the plaintiff's failure to include any exceptions in the record on appeal or verbatim transcript filed with the record violates appellate Rule 10(a), which provides that "the scope of review on...
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Wolfe v. Villines
...of Appellate Rules....'" Holland v. Heavner, 164 N.C.App. 218, 222, 595 S.E.2d 224, 227 (2004) (quoting Sessoms v. Sessoms, 76 N.C.App. 338, 340, 332 S.E.2d 511, 513 (1985)). My review of the entire record fails to disclose any "exceptional circumstances," "significant issues," or "manifest......
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...___, 610 S.E.2d at 761 (quoting Holland v. Heavner, 164 N.C.App. 218, 222, 595 S.E.2d 224, 227 (2004) (quoting Sessoms v. Sessoms, 76 N.C.App. 338, 340, 332 S.E.2d 511, 513 (1985))). Further, our Supreme Court recently held in Viar v. N.C. Dep't of Transp.,"[i]t is not the role of the appel......
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BENEFICIAL MORTG. v. Peterson
...in the record on appeal a copy of the trial court's order denying summary judgment. This Court explained in Sessoms v. Sessoms, 76 N.C.App. 338, 339, 332 S.E.2d 511, 512-13 (1985): The [appellant's] failure to submit a copy of the purported order from which she appeals is a violation of App......