Kelly v Weyerhaeuser Company
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. NO. COA01-947 NORTH CAROLINA COURT OF APPEALS Filed: 4 June 2002 WAYNE C. KELLY, Administrator of The Estate of Clinton Lawton Kelly, Plaintiff v. Lee County No. 00 CVS 01030 WEYERHAEUSER COMPANY, JOHN STEPHENSON & LEROY SAMUEL SEEBART, Defendants. Appeal by plaintiff from order entered 27 January 2001 by Judge Wiley F. Bowen in Lee County Superior Court. Heard in the Court of Appeals 25 April 2002. Wayne Clinton Kelly, pro se. Teague, Campbell, Dennis & Gorham, L.L.P., by J. Matthew Little and Tara L. Davidson, for defendants-appellees. PER CURIAM. Wayne C. Kelly, Administrator of the Estate of Clinton L. Kelly ( plaintiff ) appeals from an order granting Weyerhaeuser Company s, Mr. John Stephenson s & Mr. Leroy Samuel Seebart s (collectively defendants ) motion to dismiss pursuant to Rule 12(c) of the North Carolina Rules of Civil Procedure, the doctrines of collateral estoppel and res judicata, and granting defendants motions for sanctions pursuant to N.C.G.S § 1A-1, Rule 11 and -2N.C.G.S. § 1D-45. Defendants request and argue in their brief that we dismiss plaintiff s appeal. We dismiss plaintiff s appeal as frivolous. Plaintiff s appeal was taken . . . for an improper purpose . . . to cause unnecessary litigation. delay and needless increase N.C.R. App. P. 34(a)(2). in the cost of Plaintiff s brief also grossly violate[s] appellate court rules by: (1) referencing matters not contained in the record, and (2) exceeding space limitations and requirements. N.C.R. App. P 34(a)(3) and 26(g). Plaintiff s appeal is dismissed. We remand this case to the trial court for hearing to determine the reasonable expenses, including reasonable attorney fees, incurred by defendants as a result of this frivolous appeal. N.C.R. App. P. 34(c). Appeal dismissed and remanded. Panel consisting of: Judges MARTIN, TYSON, and THOMAS Report per Rule 30(e).
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