Narrative Opinion Summary
The notice of appeal filed by the Plaintiff on August 9, 2005, in the North Carolina Court of Appeals, was considered alongside a motion to dismiss the appeal for lack of a substantial constitutional question submitted by the Defendant. The Court allowed the motion to dismiss on December 1, 2005. Additionally, the Plaintiff's petition for discretionary review of the Court of Appeals' decision, also filed on August 9, 2005, was denied by the Court on the same date, December 1, 2005. Both orders are certified to the North Carolina Court of Appeals.
Legal Issues Addressed
Appeal Dismissal for Lack of Substantial Constitutional Questionsubscribe to see similar legal issues
Application: The court accepted the defendant's motion to dismiss the appeal due to the absence of a substantial constitutional question.
Reasoning: The Court allowed the motion to dismiss on December 1, 2005.
Denial of Petition for Discretionary Reviewsubscribe to see similar legal issues
Application: The plaintiff's request for a discretionary review of the Court of Appeals' decision was not granted.
Reasoning: Additionally, the Plaintiff's petition for discretionary review of the Court of Appeals' decision, also filed on August 9, 2005, was denied by the Court on the same date, December 1, 2005.