Posey v. Wayne Mem'l Hosp., Inc
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA16-1218 Filed: 16 May 2017 Wayne County, No. 16CVS1202 KEVIN POSEY, Plaintiff, v. WAYNE MEMORIAL HOSPITAL, INC. and WAYNE HEALTH CORPORATION, Defendants. Appeal by Plaintiff from order entered 18 October 2016 by Judge Thomas Haigwood in Wayne County Superior Court. Heard in the Court of Appeals 4 May 2017. Kevin Posey, pro se. McGuire Woods LLP, by Patrick M. Meacham, Kayla Marshall and Valyce M. Davis, for the Defendants. PER CURIAM. This is an appeal from an order dismissing Plaintiff’s complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. No other order has been properly appealed. POSEY V. WAYNE MEMORIAL Opinion of the Court Plaintiff has committed a number of appellate rules violations, including, for example, he has failed to settle the record on appeal in a manner as provided by the rules. Further, Plaintiff has abandoned any argument concerning certain claims that were dismissed by his failure to argue them in his brief, and, therefore, those claims are not before us. Notwithstanding the appellate rules violations, we have reviewed the complaint, and we conclude that the trial court did not err. We note that Plaintiff has filed a number of motions on appeal which are rendered moot by this opinion. AFFIRMED. Panel consisting of Judges DILLON, DIETZ and TYSON. Report per Rule 30(e). -2-
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