VALDEZ v. ANDERSON (2025)

Defendant Marjorie Ann Anderson appeals from an order granting summary judgment to the plaintiff.

Jurisdiction may fail to vest in the appellate court when the appellant fails to comply with the Rules of Appellate Procedure. Dogwood Dev. & Mgmt. Co., LLC v. White Oak Transp. Co., 362 N.C. 191, 197–98 (2008). Sanctions for substantially failing to comply with jurisdictional appellate rules range from dismissal of the appeal, monetary damages, or any other sanction deemed just and proper by the appellate court. N.C. R. App. P. Rule 25 (2024).

Defendant's counsel identified three issues for our independent review: (1) whether the lower court erred in granting summary judgment to the plaintiff, (2) whether the lower court erred in granting summary judgment which deprived the defendant of her right to a jury trial, and (3) whether the lower court erred in granting summary judgment to the plaintiff, which resulted in the defendant being deprived of her right to purchase the property.

Defendant failed to follow at least three of the Rules of Appellate Procedure. Defendant failed to (1) order/request the transcript before the deadline, (2) serve the proposed record on appeal before the deadline, or (3) provide the plaintiff's attorneys with a proposed record on appeal.

We conclude that, based on Defendant's deficiencies, it is appropriate that Defendant's appeal be dismissed.

DISMISSED.

Report per Rule 30(e).

PER CURIAM.

Panel consisting of Chief Judge DILLON and Judges GORE and CARPENTER.