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A Brief Reminder Regarding What to Include in the Record on Appeal

The North Carolina Court of Appeals recently issued an opinion that serves as a helpful reminder about what must be included in a record on appeal.

In Burton Construction Cleanup & Landscaping, Inc. v. Outlawed Diesel Performance, LLC, the plaintiffs sued over allegedly defective car repairs. The plaintiffs appealed following a trial, arguing in relevant part that the trial court had erred in (1) denying their motion for summary judgment, which had been filed and heard prior to trial, and (2) granting the defendant’s motion for directed verdict.

The Court of Appeals affirmed the trial court, noting that as an initial matter the plaintiffs were not entitled to appellate review of the denial of summary judgment because they had failed to include a copy of the trial court’s order in the record on appeal. Further, the plaintiffs had failed to include a transcript of the trial court proceedings in the record on appeal, which the Court of Appeals held was fatal to their arguments concerning the directed verdict.

This opinion should serve as a reminder to all: don’t forget to include all relevant orders and transcripts in your record on appeal. It would be wise to consult with Rule 9 every time you prepare a record.

-ZTD

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