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McDowell v. Forsyth Motosports

Citations: 655 S.E.2d 840; 362 N.C. 88; 2007 N.C. LEXIS 1312Docket: No. 396P07.

Court: Supreme Court of North Carolina; December 6, 2007; North Carolina; State Supreme Court

Narrative Opinion Summary

The notice of appeal filed by the Plaintiff on August 8, 2007, to the North Carolina Court of Appeals, citing a substantial constitutional question under G.S. 7A-30, has been dismissed by the Court on December 6, 2007. Additionally, the Plaintiff's petition for discretionary review of the North Carolina Court of Appeals' decision, filed on August 9, 2007, under G.S. 7A-31, was denied on the same date. Both orders are certified to the North Carolina Court of Appeals.

Legal Issues Addressed

Denial of Petition for Discretionary Review

Application: The Plaintiff's petition for discretionary review of the North Carolina Court of Appeals' decision was denied, indicating the higher court's decision not to exercise its discretion to review the case.

Reasoning: Additionally, the Plaintiff's petition for discretionary review of the North Carolina Court of Appeals' decision, filed on August 9, 2007, under G.S. 7A-31, was denied on the same date.

Dismissal of Appeal for Lack of Substantial Constitutional Question

Application: The court dismissed the Plaintiff's appeal due to the absence of a substantial constitutional question as required under G.S. 7A-30.

Reasoning: The notice of appeal filed by the Plaintiff on August 8, 2007, to the North Carolina Court of Appeals, citing a substantial constitutional question under G.S. 7A-30, has been dismissed by the Court on December 6, 2007.