DAVIS v. FLYNN

No. 8122SC579.

291 S.E.2d 818 (1982)

Sylvester DAVIS and wife, Ruth Davis v. Alma M. FLYNN, Administratrix of the Estate of Oscar Pearson Hege.

Court of Appeals of North Carolina.

June 1, 1982.


Attorney(s) appearing for the Case

Grubb & Penry by J. Rodwell Penry, Jr., Lexington, for plaintiffs-appellees.

R. Lewis Ray & Associates by R. Lewis Ray, Winston-Salem, for defendant-appellant.


MORRIS, Chief Judge.

We note at the outset that defendant has failed to include in the record on appeal the issues submitted to the jury and the verdict, in violation of Rule 9(b)(1)(vii) of the Rules of Appellate Procedure. Nor have references to pertinent assignments of error been identified by number in defendant's brief, as required by Rule 28(b)(5). More significantly, over 150 days elapsed between 18 December 1980...

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