In re: J.F

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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA18-1165 Filed: 16 April 2019 Durham County, No. 18 JB 70 IN THE MATTER OF: J.F. Appeal by Juvenile from disposition order entered 12 June 2018 by Judge James T. Hill in Durham County District Court. Heard in the Court of Appeals 28 March 2019. Attorney General Joshua H. Stein, by Special Deputy Attorney General Teresa L. Townsend, for the State. Leslie Rawls for juvenile-appellant. MURPHY, Judge. Juvenile failed to preserve his sole issue on appeal and asks that we invoke Rule 2 to suspend our Rules of Appellate Procedure and consider the merits of his argument. “As our Supreme Court has instructed, we must be cautious in our use of Rule 2 not only because it is an extraordinary remedy intended solely to prevent manifest injustice, but also because ‘inconsistent application’ of Rule 2 itself leads to injustice when some similarly situated litigants are permitted to benefit from it but others are not.” State v. Bishop, ___ N.C. App. ___, ___, 805 S.E.2d 367, 370 (2017), IN RE: J.F. Opinion of the Court disc. review denied, 370 N.C. 695, 811 S.E.2d 159 (2018). Here, Juvenile failed to demonstrate extraordinary circumstances that warrant our hearing his appeal. After careful and thorough review, and in exercising our discretion under the Rules of Appellate Procedure, we decline to invoke Rule 2 in order to reach Juvenile’s argument on appeal. DISMISSED. Judges BERGER and COLLINS concur. Report per Rule 30(e). -2-

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