JOSEPH M. WILLIAMS, Plaintiff-Appellant, v. THE ESTATE OF JOHN H. GRIMES SR., SHARON S. GRIMES, EXECUTRIX; JOHN H GRIMES, P.A.; C. BRYAN KOON; LARRY M. CRANE; M. DAVID WIENER; JENNIFER SWANSON; JONATHAN E. KLEIN; ORANGE FAMILY MEDICAL GROUP, P.A.; DURHAM COUNTY HOSPITAL CORPORATION; DUKE UNIVERSITY HEALTH SYSTEM,INC.; DUKE UNIVERSITY AFFILIATED PHYSICIANS, INC.; DURHAM RADIOLOGY ASSOCIATES, P.A.; and PRIVATE DIAGNOSTIC CLINIC, P.L.L.C., Defendants-Appellees.

NO. COA03-122

COURT OF APPEALS OF NORTH CAROLINA

2004 N.C. App. LEXIS 203

October 30, 2003, Heard in the Court of Appeals 

February 3, 2004, Filed

NOTICE:  [*1]  PURSUANT TO RULE 32(b), NORTH CAROLINA RULES OF APPELLATE PROCEDURE, THIS DECISION IS NOT FINAL UNTIL EXPIRATION OF THE TWENTY-ONE DAY REHEARING PERIOD.   THIS IS AN UNPUBLISHED OPINION. PLEASE REFER TO THE NORTH CAROLINA RULES OF APPELLATE PROCEDURE FOR CITATION OF UNPUBLISHED OPINIONS.

PRIOR HISTORY: Durham County. No. 02 CVS 00755.  Williams v. Estate of Grimes, 2004 N.C. App. LEXIS 227 (N.C. Ct. App., Feb. 3, 2004)

DISPOSITION: Appeal dismissed.

COUNSEL: Joseph M. Williams, Jr., plaintiff-appellant, Pro se.

Patterson, Dilthey, Clay, Bryson & Anderson, L.L.P., by Donna R. Rutala, Christopher J. Derrenbacher, and Heather R. Waddell, for defendants-appellees, Jonathan E. Klein and Orange Family Medical Group, P.A.

Moore & Van Allen, PLLC, by William E. Freeman, for defendants-appellees, The Estate of John H. Grimes, Sr., Sharon S. Grimes, Executrix; John H. Grimes, P.A.; Durham County Hospital Corporation; Duke University Health System, Inc.; Duke University Affiliated Physicians, Inc.; and Private Diagnostic Clinic, P.L.L.C.

Newsom, Graham, Hedrick & Kennon, P.A., by Joel M. Craig, for defendants-appellees, C. Bryan Koon; Larry M. Crane; M. David Weiner; and Durham Radiology Associates, P.A.

Manning, Fulton & Skinner, P.A., by Thomas C. Kilpatrick, for defendant-appellee, Jennifer [*2]  Swanson.

JUDGES: McGEE, Judge. Judges HUDSON and CALABRIA concur.

OPINIONBY: McGEE

OPINION:

Appeal by plaintiff from order entered 16 May 2002 and order dated 4 June 2002 by Judge Henry W. Hight, Jr. in Superior Court, Durham County. Heard in the Court of Appeals 30 October 2003.

McGEE, Judge.

Plaintiff filed a complaint on 19 February 2002 against the defendants alleging negligence. Plaintiff committed numerous procedural errors, including failure to follow proper procedure in the issuance of summons and service of process. All defendants filed motions to dismiss. The trial court ordered plaintiff's claims be dismissed with prejudice. Thereafter, plaintiff filed a motion to alter and amend judgment, as well as a motion requesting findings of fact and conclusions of law. The trial court denied plaintiff's motions. Plaintiff appeals.

Defendants the Estate of John H. Grimes, Sr., Sharon S. Grimes, Executrix; John H. Grimes, P.A.; Durham County Hospital Corporation; Duke University Health System, Inc.; Duke University Affiliated Physicians, Inc.; and the Private Diagnostic Clinic, P.L.L.C., filed a motion to strike portions of the record on appeal pursuant to Rule 37 of the North Carolina Rules [*3]  of Appellate Procedure. The portion requested to be stricken by this motion is identical to that requested in a motion filed by defendants Jonathan E. Klein and Orange Family Medical Group, P.A. and subsequently allowed by this Court on 4 June 2003. Therefore, we allow the present motion to strike portions of the record on appeal in accordance with the previous order of this Court.

Defendants Jonathan E. Klein and Orange Family Medical Group, P.A. filed a motion to dismiss plaintiff's appeal on the grounds that (1) plaintiff failed to comply with the trial court's order settling the record on appeal, by including affidavits of service not included in the proposed record and excluding summonses directed to be included in the record; (2) failing to properly number the pages of the record on appeal, (3) improperly citing to briefs from other appellate cases and attempting to include by reference the arguments from those briefs in his own brief; (4) failing to properly identify plaintiff's assignments of error in the argument of his brief; (5)failing to follow the formatting requirements of Rule 26(g) and Appendix B of the North Carolina Rules of Appellate Procedure with regard to line [*4]  spacing and the inclusion of an affidavit in the brief itself; and (6) failing to cite to any legal authority in support of his argument.

Having carefully reviewed the record, we find that plaintiff's numerous violations of the N.C. Rules of Appellate Procedure are egregious. An appellate court may clearly dismiss an appeal for failure to comply with the Rules of Appellate Procedure. N.C.R. App. P. 25(b), 34(b)(1); Steingress v. Steingress, 350 N.C. 64, 511 S.E.2d 298 (1999); Bledsoe v. County of Wilkes, 135 N.C. App. 124, 125, 519 S.E.2d 316, 317 (1999)(the Rules of Appellate Procedure "apply to everyone -- whether acting pro se or being represented by all of the five largest law firms in the state. Because plaintiff violated many of the appellate rules, his appeal must be dismissed, notwithstanding his pro se status."). Thus, in accordance with N.C.R. App. P. 34, this Court dismisses plaintiff's appeal.

We have, in addition, reviewed plaintiff's assignments of error and conclude they are without merit.

Dismissed.

Judges HUDSON and CALABRIA concur.

Report per Rule 30(e).