In re: McLean
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-1173 Filed: 16 May 2017 Franklin County, No. 14 SP 75 IN RE: MATTER OF PROPOSED FORECLOSURE OF A DEED OF TRUST EXECUTED BY SHEILA MCLEAN DATED JUNE 2, 2005, AND RECORDED IN BOOK 1477, PAGE 417 ET. SEQ., OF THE FRANKLIN COUNTY REGISTRAR OF DEEDS. Appeal by Sheila McLean from Order on Appeal of Clerk’s Order to Allow Foreclosure Sale and Order Denying Appellant Bond entered 4 August 2016 by Judge John W. Smith in Franklin County Superior Court. Heard in the Court of Appeals 19 April 2017. Sheila McLean, pro se. McGuireWoods, LLP, by Christopher B. Karlsson, for Appellee Nationstar Mortgage LLC. MURPHY, Judge. On 12 August 2016, Appellant filed notice of appeal from the Order on Appeal of Clerk’s Order to Allow Foreclosure Sale and Order Denying Appellant Bond entered by Judge John W. Smith on 4 August 2016. We note that Appellant’s brief does not comply with North Carolina Rule of Appellate Procedure 28 in that it fails to: cite to the record; cite any legal authority; include a standard of review; include a signature page; or include any proof of service. Further, Appellant failed to IN RE: MCLEAN Opinion of the Court substantively discuss the Order Denying Appellant Bond on appeal, and, thus, we dismiss the appeal of this Order as abandoned. N.C. R. App. P. 28(b)(6); see also Goodson v. P.H. Glatfelter Co., 171 N.C. App. 596, 606, 615 S.E.2d 350, 358 (2005). Further, Appellant appears to raise in her brief issues related to the trial court setting aside the dismissal of the foreclosure in an order entered by Judge Robert H. Hobgood on 10 August 2015. However, her Notice of Appeal did not reference this Order and her challenges to this order were not properly preserved in this appeal pursuant to Rule 3(d) of the North Carolina Rules of Appellate Procedure. We have reviewed the record and find no reversible error as to the Order on Appeal of Clerk’s Order to Allow Foreclosure Sale. Accordingly, we affirm both orders of Judge Smith. AFFIRMED. Judges CALABRIA and DIETZ concur. Report per Rule 30(e). -2-
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