{
  "id": 8519635,
  "name": "DR. A. J. EDELSTEIN and GERRY EDELSTEIN and RICHARD LAVALLEE and CHARLENE LAVALLEE, Plaintiff v. THE PINNACLE INN AND COUNTRY CLUB CONDOMINIUM OWNERS' ASSOCIATION, INC. d/b/a THE PINNACLE (a North Carolina Non-Profit Corporation), Defendant",
  "name_abbreviation": "Edelstein v. Pinnacle Inn & Country Club Condominium Owners' Ass'n",
  "decision_date": "1991-05-21",
  "docket_number": "No. 9024DC1128",
  "first_page": "86",
  "last_page": "87",
  "citations": [
    {
      "type": "official",
      "cite": "103 N.C. App. 86"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 153,
    "char_count": 1930,
    "ocr_confidence": 0.726,
    "sha256": "1e5f1c26bfd1a61d598ad56f86f91c987b71aba6f91f33b2548e1702710f6ad5",
    "simhash": "1:d73e16c9734a7843",
    "word_count": 331
  },
  "last_updated": "2023-07-14T17:27:13.805826+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges EAGLES and LEWIS concur."
    ],
    "parties": [
      "DR. A. J. EDELSTEIN and GERRY EDELSTEIN and RICHARD LAVALLEE and CHARLENE LAVALLEE, Plaintiff v. THE PINNACLE INN AND COUNTRY CLUB CONDOMINIUM OWNERS\u2019 ASSOCIATION, INC. d/b/a THE PINNACLE (a North Carolina Non-Profit Corporation), Defendant"
    ],
    "opinions": [
      {
        "text": "GREENE, Judge.\nThe defendant appeals from an order filed 12 March 1990 wherein the trial court ruled that the defendant had not complied with N.C.G.S. \u00a7 47A-20 (1984). We do not reach the merits of this appeal.\nNorth Carolina Appellate Rule 10(a) provides that \u201cthe scope of review on appeal is confined to a consideration of those assignments of error set out in the record on appeal . . . .\u201d Because the record does not contain any assignments of error, there is nothing for this Court to review. By not including assignments of error in the record, the defendant violated N.C.R. App. P. 9(a)(l)(k) which requires assignments of error to be set out in the record. Furthermore, even assuming that the defendant had set forth its assignments of error in the record, because the defendant did not set out the assignments of error in its brief, the defendant abandoned its assignments of error. N.C.R. App. P. 28(b)(5).\nBecause of the defendant\u2019s substantial failure to comply with the rules of appellate procedure, we dismiss this appeal. N.C.R. App. P. 25(b) and 34(b)(1).\nDismissed.\nJudges EAGLES and LEWIS concur.",
        "type": "majority",
        "author": "GREENE, Judge."
      }
    ],
    "attorneys": [
      "No brief filed for plaintiff-appellees.",
      "John M. Wright for defendant-appellant."
    ],
    "corrections": "",
    "head_matter": "DR. A. J. EDELSTEIN and GERRY EDELSTEIN and RICHARD LAVALLEE and CHARLENE LAVALLEE, Plaintiff v. THE PINNACLE INN AND COUNTRY CLUB CONDOMINIUM OWNERS\u2019 ASSOCIATION, INC. d/b/a THE PINNACLE (a North Carolina Non-Profit Corporation), Defendant\nNo. 9024DC1128\n(Filed 21 May 1991)\nAppeal and Error \u00a7 341 (NCI4th) \u2014 failure to set out assignments of error \u2014appeal dismissed\nDefendant\u2019s appeal is dismissed where it failed to set out the assignments of error in its brief or in the record in violation of N.C.R. App. P. 9(a)(l)(k) and 28(b)(5).\nAm Jur 2d, Appeal and Error \u00a7\u00a7 417 et seq.\nAPPEAL by defendant from judgment filed 12 March 1990 in AVERY County District Court by Judge C. Philip Ginn. Heard in the Court of Appeals 14 May 1991.\nNo brief filed for plaintiff-appellees.\nJohn M. Wright for defendant-appellant."
  },
  "file_name": "0086-01",
  "first_page_order": 116,
  "last_page_order": 117
}