Narrative Opinion Summary
The notice of appeal filed by the Plaintiff on August 23, 2005, in the North Carolina Court of Appeals is dismissed by the Court on October 6, 2005, under G.S. 7A-30 due to a substantial constitutional question. Additionally, the Plaintiff's petition for discretionary review, also filed on August 23, 2005, seeking to address issues beyond those in the dissenting opinion from the Court of Appeals, is denied on the same date under G.S. 7A-31 and Appellate Rule 16(b). Consequently, the Court will only consider the issues related to the dissenting opinion, and the Plaintiff is required to file a new brief limited to these issues within 30 days of the order's certification.
Legal Issues Addressed
Denial of Petition for Discretionary Review under G.S. 7A-31subscribe to see similar legal issues
Application: The Plaintiff's petition for discretionary review was denied as it sought to address issues not included in the dissenting opinion.
Reasoning: Additionally, the Plaintiff's petition for discretionary review, also filed on August 23, 2005, seeking to address issues beyond those in the dissenting opinion from the Court of Appeals, is denied on the same date under G.S. 7A-31 and Appellate Rule 16(b).
Dismissal of Appeal under G.S. 7A-30subscribe to see similar legal issues
Application: The Court dismissed the Plaintiff's notice of appeal because it involved a substantial constitutional question.
Reasoning: The notice of appeal filed by the Plaintiff on August 23, 2005, in the North Carolina Court of Appeals is dismissed by the Court on October 6, 2005, under G.S. 7A-30 due to a substantial constitutional question.
Limitation on Issues for Consideration by the Courtsubscribe to see similar legal issues
Application: The Court decided to consider only the issues related to the dissenting opinion, requiring the Plaintiff to file a brief focused on these issues.
Reasoning: Consequently, the Court will only consider the issues related to the dissenting opinion, and the Plaintiff is required to file a new brief limited to these issues within 30 days of the order's certification.