FERGUSON v. CROOM

No. 845SC698.

326 S.E.2d 373 (1985)

J.H. FERGUSON, Admr. CTA of the Estate of George Washington Croom v. George Franklin CROOM, Lillian Croom Nichols, Kathryn Croom Turner, Ernest Edward Croom, Kimberly Joyce Croom and Lillian Marlene Nichols Nunalee.

Court of Appeals of North Carolina.

March 5, 1985.


Attorney(s) appearing for the Case

Ferguson & Baker by Jeffery R. Baker, Wilmington, for plaintiff-appellee.

Legal Services of the Lower Cape Fear by James J. Wall, Wilmington, for defendant-appellant Kimberly Joyce Croom.

Hewlett & Collins by Addison Hewlett, Jr. and John Collins, Wilmington, for defendants-appellants Ernest Edward Croom and Kathryn Elizabeth Turner.


ARNOLD, Judge.

The record indicates that Kimberly Joyce Croom appealed from the court's judgment and assigned error. However, no appellant's brief was filed in support of Kimberly's appeal. Instead, counsel filed an appellee's brief and attempted, pursuant to Rule 10(d) of the Rules of Appellate Procedure, to cross-assign as error Kimberly's exceptions noted at the time of her appeal.

Rule 10(d) of the Rules of Appellate Procedure permits an appellee to cross...

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