TEACHING THOSE OLD DOGS
THE NEW (As of Oct 1, 2009) APPELLATE TRICKS...PERIOD!
(Those Who Fail to Remember The Past Are Doomed to Repeat it)
Being a student of history, I have always been amazed at the irony that surrounds the battles we choose to wage and the positions we choose to take in defense of those battles. One thing I learned in the military was Attention to Detail; so when I see Attention to Detail buck up against Irony, it becomes particularly interesting. Case in Point: The Appellant filed a Motion for Rule 34 Sanctions against the Appellees. The Appellees filed their response and in their response, they deem many of the violations of the N.C. appellate rules as de minimus or not really violations at all. One of those violations is that the Appellees, when citing to the record on appeal, wrote (R. p. 1247); and for multiple pages as (R. p. 893-896). Rule 9(b)(4) makes it clear that periods are abolished and the citings are written as (R p 1247); and multiple pages as (R pp 893-896). The Appellees' Joint Response acknowledges these violations by stating "The plain language of Rule 9(b)(4) is acknowledged." Where is the irony you might ask? Well, even in the pleading detailing their response, although they acknowledge this violation, they astoundingly still write [on page 4] (R. p. 598); [on page 6] (R. 1252) even leaving out the "p"; [and on page 8] (R. p. 1322-1324). As Larry the Cable Guy says, "Now THAT'S funny; I don't care who you are!" I guess Ole William T. Kessler, Jr. is tied to the pretty periods......................PERIOD!