{
  "id": 8915823,
  "name": "CAMPBELL UNIVERSITY, INCORPORATED, Petitioner v. HARNETT COUNTY and the HARNETT COUNTY BOARD OF ADJUSTMENT, Respondents; CAMPBELL UNIVERSITY, INCORPORATED, Petitioner v. HARNETT COUNTY and the HARNETT COUNTY BOARD OF ADJUSTMENT, Respondents, and RICHARD EASON, PHIL M. JUBY, PAULA HINTON, WILL TAYLOR and ROBERT W. ROBERSON, Intervenors-Respondents",
  "name_abbreviation": "Campbell University, Inc. v. Harnett County",
  "decision_date": "2004-01-06",
  "docket_number": "No. COA03-373",
  "first_page": "178",
  "last_page": "179",
  "citations": [
    {
      "type": "official",
      "cite": "162 N.C. App. 178"
    }
  ],
  "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": [
    {
      "cite": "314 S.E.2d 566",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1984,
      "pin_cites": [
        {
          "page": "567-68",
          "parenthetical": "\"failure to follow the rules subjects an appeal to dismissal\""
        }
      ],
      "opinion_index": 0
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    {
      "cite": "68 N.C. App. 252",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8526971
      ],
      "year": 1984,
      "pin_cites": [
        {
          "page": "255",
          "parenthetical": "\"failure to follow the rules subjects an appeal to dismissal\""
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/68/0252-01"
      ]
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  "last_updated": "2023-07-14T16:27:54.754463+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges McCULLOUGH and ELMORE concur."
    ],
    "parties": [
      "CAMPBELL UNIVERSITY, INCORPORATED, Petitioner v. HARNETT COUNTY and the HARNETT COUNTY BOARD OF ADJUSTMENT, Respondents CAMPBELL UNIVERSITY, INCORPORATED, Petitioner v. HARNETT COUNTY and the HARNETT COUNTY BOARD OF ADJUSTMENT, Respondents, and RICHARD EASON, PHIL M. JUBY, PAULA HINTON, WILL TAYLOR and ROBERT W. ROBERSON, Intervenors-Respondents"
    ],
    "opinions": [
      {
        "text": "BRYANT, Judge.\nRichard Eason, Phil M. Juby, Paula Hinton, Will Taylor, and Robert W. Roberson (collectively homeowner-intervenors) appeal an order and judgment entered 19 November 2002 in favor of Campbell University, Incorporated (petitioner). Petitioner in turn appeals an order entered 2 October 2002 allowing homeowner-intervenors to intervene and an amendment to the order allowing intervention entered 4 October 2002.\nOn 12 August 2003, petitioner filed with this Court a motion to dismiss homeowner-intervenors\u2019 appeal based on numerous violations of the North Carolina Rules of Appellate Procedure. Upon careful review of homeowner-intervenors\u2019 brief and their assignments of error, we agree that the gravity of the violations warrants dismissal of homeowner-intervenors\u2019 appeal. See N.C.R. App. P. 25(b); Wiseman v. Wiseman, 68 N.C. App. 252, 255, 314 S.E.2d 566, 567-68 (1984) (\u201cfailure to follow the rules subjects an appeal to dismissal\u201d).\nWe further note that, with respect to its own appeal, petitioner failed to file an appellant\u2019s brief. Instead, petitioner discussed all the issues raised by the two separate appeals in its appellee\u2019s brief filed in response to homeowner-intervenors\u2019 appeal. See N.C.R. App. P. 13(a)(1), (c) (\u201c[i]f an appellant fails to file and serve his brief within the time allowed, the appeal may be dismissed ... on the court\u2019s own initiative\u201d). This failure to file an appellant\u2019s brief, a violation in and of itself, served to foreclose homeowner-intervenors from filing an appellee\u2019s brief addressing petitioner\u2019s appeal. In the interest of fairness, we therefore deem it appropriate to also dismiss petitioner\u2019s appeal.\nDismissed.\nJudges McCULLOUGH and ELMORE concur.",
        "type": "majority",
        "author": "BRYANT, Judge."
      }
    ],
    "attorneys": [
      "Johnson and Johnson, PA, by W.A. Johnson and Rebecca J. Davidson; and Robert C. Cogswell, Jr., for petitioner-appellant.",
      "Dwight W. Snow for respondent-appellees.",
      "Bain & McRae, by Edgar R. Bain; and Carolina Courtroom Lawyers, PLLC, by Richard T. Rodgers, Sr., for intervenor-respondent-appellants."
    ],
    "corrections": "",
    "head_matter": "CAMPBELL UNIVERSITY, INCORPORATED, Petitioner v. HARNETT COUNTY and the HARNETT COUNTY BOARD OF ADJUSTMENT, Respondents CAMPBELL UNIVERSITY, INCORPORATED, Petitioner v. HARNETT COUNTY and the HARNETT COUNTY BOARD OF ADJUSTMENT, Respondents, and RICHARD EASON, PHIL M. JUBY, PAULA HINTON, WILL TAYLOR and ROBERT W. ROBERSON, Intervenors-Respondents\nNo. COA03-373\n(Filed 6 January 2004)\nAppeal and Error\u2014 multiple violations of appellate rules\u2014 combining two appeals in one brief \u2014 appeals dismissed\nIntervenor\u2019s appeal was dismissed for numerous violations of the Rules of Appellate Procedure. Petitioner\u2019s appeal was dismissed because it failed to file an appellant\u2019s brief and thus foreclosed intervenors from filing an appellee\u2019s brief addressing petitioner\u2019s appeal.\nAppeals by intervenor-respondents from order and judgment filed 19 November 2002 and by petitioner from order filed 2 October 2002 and amended order filed 4 October 2002 by Judge Wiley F. Bowen in Harnett County Superior Court. Heard in the Court of Appeals 3 December 2003.\nJohnson and Johnson, PA, by W.A. Johnson and Rebecca J. Davidson; and Robert C. Cogswell, Jr., for petitioner-appellant.\nDwight W. Snow for respondent-appellees.\nBain & McRae, by Edgar R. Bain; and Carolina Courtroom Lawyers, PLLC, by Richard T. Rodgers, Sr., for intervenor-respondent-appellants."
  },
  "file_name": "0178-01",
  "first_page_order": 206,
  "last_page_order": 207
}