N.C. R. App. P. 16. Scope of Review of Decisions of Court of Appeals
(a) How Determined. Review by the Supreme Court after a determination by the Court of Appeals, whether by appeal of right or by discretionary review, is to determine whether there is error of law in the decision of the Court of Appeals. Except when the appeal is based solely upon the existence of a dissent in the Court of Appeals, review in the Supreme Court is limited to consideration of the issues stated in the notice of appeal filed pursuant to Rule 14(b)(2) or the petition for discretionary review and the response thereto filed pursuant to Rule 15(c) and (d), unless further limited by the Supreme Court, and properly presented in the new briefs required by Rules 14(d)(1) and 15(g)(2) to be filed in the Supreme Court.
(b) Scope of Review in Appeal Based Solely Upon Dissent. When the sole ground of the appeal of right is the existence of a dissent in the Court of Appeals, review by the Supreme Court is limited to a consideration of those issues that are (1) specifically set out in the dissenting opinion as the basis for that dissent, (2) stated in the notice of appeal, and (3) properly presented in the new briefs required by Rule 14(d)(1) to be filed in the Supreme Court. Other issues in the case may properly be presented to the Supreme Court through a petition for discretionary review pursuant to Rule 15, or by petition for writ of certiorari pursuant to Rule 21.
(c) Appellant, Appellee Defined. As used in this Rule 16, the terms “appellant” and “appellee” have the following meanings when applied to discretionary review:
(1) With respect to Supreme Court review of a determination of the Court of Appeals upon petition of a party, “appellant” means the petitioner and “appellee” means the respondent.
(2) With respect to Supreme Court review upon the Court’s own initiative, “appellant” means the party aggrieved by the decision of the Court of Appeals and “appellee” means the opposing party; provided that, in its order of certification, the Supreme Court may designate either party an “appellant” or “appellee” for purposes of proceeding under this Rule 16.
History Note.
287 N.C. 671; 309 N.C. 830; 322 N.C. 850; 324 N.C. 613; 327 N.C. 671; 354 N.C. 609; 363 N.C. 901.