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DOGWOOD DEV. & MGMT. v. WHITE OAK TRANSPORT

No. 303A07.

657 S.E.2d 361 (2008)

DOGWOOD DEVELOPMENT AND MANAGEMENT COMPANY., LLC v. WHITE OAK TRANSPORT COMPANY, INC.

Supreme Court of North Carolina.

March 7, 2008.

Attorney(s) appearing for the Case

Carruthers & Bailey, P.A., by J. Dennis Bailey, Winston-Salem, for plaintiff-appellee.

Parrish Smith & Ramsey, LLP, by Steven D. Smith, Winston-Salem; and Smith Moore, LLP, by J. Donald Cowan, Jr., Raleigh, for defendant-appellant.

MARTIN, Justice.

The Court of Appeals dismissed defendant White Oak Transport Company, Inc.'s appeal for violations of the North Carolina Rules of Appellate Procedure ("appellate rules" or "rules"). We reverse and remand with instructions, and clarify the manner in which the appellate courts should address violations of the appellate rules.

On 29 April 2004, plaintiff Dogwood Development and Management Company, LLC brought a breach of contract action against...

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