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WEST v. SLICK

No. 771SC147.

299 S.E.2d 657 (1983)

Margaret M. WEST, Clifford Scott, Caleb Poyner, Elwyn Walker, James O. Dunton, Donald Adams, Samuel H. Lamb, Samuel H. Lamb, II, Pamela V. Weiland, Petitioners-Plaintiffs, v. Earl F. SLICK and wife, Jane P. Slick, Pine Island Development Venture, RDC, Inc., Respondents-Defendants.

Court of Appeals of North Carolina.

January 18, 1983.

Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by Hugh Cannon, J. Allen Adams and Charles C. Meeker, Raleigh, for petitioners-appellants.

Womble, Carlyle, Sandridge & Rice by W.F. Womble and Allan R. Gitter, Winston-Salem, and of counsel, LeRoy, Wells, Shaw, Hornthal, Riley & Shearin, by Dewey W. Wells, Elizabeth City, for respondents-appellees.

BRASWELL, Judge.

The record on appeal discloses that petitioners failed to make any assignment of error or grouping of exceptions, in violation of App.R. 9(b)(1)(xi), 10(a) and (c). For this reason respondents have moved to dismiss the appeal. We deny respondents' motion to dismiss on the ground that the appeal itself is an exception to the judgment, and in light of App.R. 10(a) which provides:

"Except as otherwise provided in this Rule 10, the scope of review...

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