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BROWN v. COUNTY OF AVERY

No. COA03-805.

596 S.E.2d 334 (2004)

Randy BROWN, Plaintiff, v. COUNTY OF AVERY, Defendant.

Court of Appeals of North Carolina.

Rehearing Granted July 27, 2004.

Attorney(s) appearing for the Case

Hall & Hall, Attorneys At Law, P.C., by Douglas L. Hall, Newland, for Defendant.

Mr. Randy Brown, pro se.

WYNN, Judge.

Under N.C. Gen.Stat. § 7A-228(c), which governs appeals for trial de novo from a Magistrate's judgment in small claims actions, if "the appellant fails to appear and prosecute his appeal, the presiding judge may have the appellant called and the appeal dismissed; and in such case the judgment of the magistrate shall be affirmed." Defendant, Avery County, North Carolina, argues the trial court abused its discretion by denying Defendant's request for...

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