Opinion
No. COA15-1066
05-17-2016
TRIANDO M. STROUD, Plaintiff v. PATE DAWSON, INC., Defendant.
Triando M. Stroud, petitioner-appellant, pro se. No brief filed for respondent-appellee.
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. Iredell County, No. 15 CVS 01383 Appeal by petitioner from order entered 24 August 2015 by Judge Mark E. Klass in Iredell County Superior Court. Heard in the Court of Appeals 2 May 2016. Triando M. Stroud, petitioner-appellant, pro se. No brief filed for respondent-appellee. McCULLOUGH, Judge.
Triando M. Stroud ("Petitioner") appeals from the superior court's order denying his appeal from a decision by the Board of Review of the North Carolina Department of Commerce, Division of Employment Security (the "Division"), determining that he was not eligible to receive unemployment benefits. We dismiss Petitioner's appeal.
Petitioner was discharged from employment with Pate Dawson, Inc. ("Respondent") on or about 29 December 2014, and subsequently filed a claim for unemployment benefits. A Division adjudicator determined that Petitioner was not eligible for benefits. Petitioner appealed this decision to a Division appeals referee.
Following a hearing, the appeals referee entered a decision on 6 March 2015 modifying the adjudicator's determination, but ultimately concluding that Petitioner was both not eligible for and disqualified from receiving unemployment benefits. Petitioner appealed to the Division's Board of Review. On 7 May 2015, the Board of Review affirmed the appeals referee's decision that Petitioner was not eligible to receive unemployment benefits. Petitioner filed a petition in superior court for judicial review of the Board of Review's decision, and on 24 August 2015, the superior court denied his appeal. Defendant now purports to appeal the superior court's order.
Pursuant to N.C. R. App. P. 3(a), "[a]ny party entitled by law to appeal from a judgment or order of a superior or district court . . . may take appeal by filing notice of appeal with the clerk of superior court and serving copies thereof upon all other parties. . . ." Our Supreme Court has held that "[t]his rule is jurisdictional. If the requirements of this Rule are not met, the appeal must be dismissed." Crowell Constructors, Inc. v. State ex rel. Cobey, 328 N.C. 563, 563, 402 S.E.2d 407, 408 (1991) (internal citations omitted); see also Dogwood Dev. & Mgmt. Co. v. White Oak Transp. Co., 362 N.C. 191, 197, 657 S.E.2d 361, 365 (2008) ("A jurisdictional default [ ] precludes the appellate court from acting in any manner other than to dismiss the appeal."). Our Supreme Court has also specified that "[t]he appellant has the burden to see that all necessary papers are before the appellate court. The notice of appeal must be contained in the record." Crowell Constructors, 328 N.C. at 563, 402 S.E.2d at 408 (internal citations omitted).
In the instant case, the record is devoid of any evidence that Petitioner filed and served a notice of appeal in accordance with N.C. R. App. P. 3(a). We therefore have no jurisdiction to hear the appeal and must dismiss it.
DISMISSED.
Chief Judge McGEE and Judge ZACHARY concur.
Report per Rule 30(e).