{
  "id": 8352294,
  "name": "LEO MAY, Plaintiff v. DOWN EAST HOMES OF BEULAVILLE, INC., d/b/a DOWN EAST HOMES OF JACKSONVILLE, Defendant",
  "name_abbreviation": "May v. Down East Homes of Beulaville, Inc.",
  "decision_date": "2006-01-03",
  "docket_number": "No. COA05-547",
  "first_page": "416",
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  "last_updated": "2023-07-14T22:29:36.119960+00:00",
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  "casebody": {
    "judges": [
      "Judges HUDSON and JACKSON concur."
    ],
    "parties": [
      "LEO MAY, Plaintiff v. DOWN EAST HOMES OF BEULAVILLE, INC., d/b/a DOWN EAST HOMES OF JACKSONVILLE, Defendant"
    ],
    "opinions": [
      {
        "text": "LEVINSON, Judge.\nLeo May (plaintiff) appeals the dismissal of his cause of action and his Rule 11 motion for sanctions against Down East Homes (defendant). We dismiss the appeal.\nOn 2 June 2004 plaintiff filed a verified complaint against defendant asserting it negligently performed a contract of 1 July 2002 between plaintiff and defendant for installation of septic services to plaintiffs newly purchased mobile home. Plaintiff alleged that, in hooking up the new septic system, defendant encroached on the property of a third party, Sue Mallard. Plaintiff further alleged Sue Mallard \u201chas demanded $5,323.00 as payment for said encroachments. \u201d\nDefendant filed an unverified answer denying all claims and moved pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure to dismiss plaintiffs cause of action. Plaintiff filed a Rule 11 motion seeking sanctions against defendant \u201cand or its[] representative [. ] \u201d\nOn 24 January 2005 the trial court entered an order granting defendant\u2019s 12(b)(6) motion, dismissing plaintiffs Rule 11 motion, and dismissing plaintiffs action against defendant with prejudice. From this order, plaintiff appeals.\nWe first review certain provisions of N.C.R. App. P. 10:\n(a) ... [T]he 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) (1) ... 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.\nN.C.R. App. P. 10(a) and (c)(1). \u201c[Assignments of error [that are] . . . broad, vague, and unspecific ... do not comply with the North Carolina Rules of Appellate Procedure[.]\u201d In re Appeal of Lane Co., 153 N.C. App. 119, 123, 571 S.E.2d 224, 226-27 (2002).\nIn the instant case, the plaintiff makes the following assignments of error:\n1. The court\u2019s allowance of defendant\u2019s motion to dismiss, on the grounds said allowance is contrary to caselaw of this jurisdiction.\n2. The court\u2019s denial of plaintiff\u2019s motion for sanctions, on the grounds said denial was contrary to both the factual circumstances of the case and caselaw of this jurisdiction.\n3. The court\u2019s retaining jurisdiction for determination of costs, on the grounds same is contrary to the caselaw of this jurisdiction.\nNone of these assignments of error preserve an issue for appellate review. Plaintiff\u2019s repeated assertions that the trial court\u2019s rulings were \u201ccontrary to the caselaw of this jurisdiction\u201d fail to identify the issues briefed on appeal. We conclude these assignments or error are too \u201cbroad, vague, and unspecific\u201d to comport with the North Carolina Rules of Appellate Procedure. See Walker v. Walker, 174 N.C. App. -,- S.E.2d -(COA04-1601, filed 6 December 2005) (dismissing appeal where appellant\u2019s assignments of error merely reiterated that the \u201cfinding, conclusion, or decretal paragraph was \u2018erroneous as a matter of law.\u2019 \u201d). \u201cSuch an assignment of error is designed to allow counsel to argue anything and everything they desire in their brief on appeal. \u2018This assignment \u2014 like a hoopskirt \u2014 covers everything and touches nothing.\u2019 \u201d Wetchin v. Ocean Side Corp., 167 N.C. App. 756, 759, 606 S.E.2d 407, 409 (2005) (quoting State v. Kirby, 276 N.C. 123, 131, 171 S.E.2d 416, 422 (1970)).\nBecause plaintiff failed to properly preserve for appellate review the issues presented on appeal, his appeal is\nDismissed.\nJudges HUDSON and JACKSON concur.",
        "type": "majority",
        "author": "LEVINSON, Judge."
      }
    ],
    "attorneys": [
      "Albert L. Willis, for plaintiff-appellant.",
      "Yates, McLamb & Weyher, L.L.P., by Brian M. Williams and White & Allen, P.A., by Gregory E. Floyd, for defendants-appellees."
    ],
    "corrections": "",
    "head_matter": "LEO MAY, Plaintiff v. DOWN EAST HOMES OF BEULAVILLE, INC., d/b/a DOWN EAST HOMES OF JACKSONVILLE, Defendant\nNo. COA05-547\n(Filed 3 January 2006)\nAppeal and Error \u2014 assignments of error \u2014 broad, vague, and unspecific \u2014 appeal dismissed\nAssignments of error asserting that the trial court\u2019s rulings were \u201ccontrary to the caselaw of this jurisdiction\u201d were too broad, did not identify the issues briefed on appeal, and resulted in dismissal of the appeal.\nAppeal by plaintiff from order entered 24 January 2005 by Judge Charles H. Henry in Jones County Superior Court. Heard in the Court of Appeals 1 December 2005.\nAlbert L. Willis, for plaintiff-appellant.\nYates, McLamb & Weyher, L.L.P., by Brian M. Williams and White & Allen, P.A., by Gregory E. Floyd, for defendants-appellees."
  },
  "file_name": "0416-01",
  "first_page_order": 450,
  "last_page_order": 452
}