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Charter Medical, Ltd. v. Zigmed, Inc.

Citations: 623 S.E.2d 580; 360 N.C. 61; 2005 N.C. LEXIS 1190Docket: No. 557A05.

Court: Supreme Court of North Carolina; November 3, 2005; North Carolina; State Supreme Court

Narrative Opinion Summary

The notice of appeal filed by the Plaintiff on September 30, 2005, concerning a substantial constitutional question, has been dismissed by the North Carolina Court of Appeals. The dismissal was made ex mero motu, meaning the court initiated the dismissal on its own accord, and the order was entered on November 3, 2005. This order is certified to the North Carolina Court of Appeals.

Legal Issues Addressed

Certification of Order

Application: The order of dismissal was formally certified to the North Carolina Court of Appeals.

Reasoning: This order is certified to the North Carolina Court of Appeals.

Dismissal of Appeal Ex Mero Motu

Application: The North Carolina Court of Appeals dismissed the Plaintiff's notice of appeal on its own initiative without a motion from either party.

Reasoning: The dismissal was made ex mero motu, meaning the court initiated the dismissal on its own accord, and the order was entered on November 3, 2005.