Walker v. Walker

In Walker v. Walker, 174 N.C. App. 778, 624 S.E.2d 639 (2005), disc. review denied, 360 N.C. 491, 632 S.E.2d 774 (2006), "the defendant set out 119 assignments of error, purporting to assign error to almost every finding of fact and conclusion of law made by the trial court." Id. at 781, 624 S.E.2d at 641. Each finding or conclusion was the subject of three identical assignments of error: a. The Trial Court's Finding of Fact No. 'X', on the grounds that it is not supported by the evidence. b. The Trial Court's Finding of Fact No. 'X', on the grounds that it is erroneous as a matter of law. c. The Trial Court's Finding of Fact No. 'X', on the grounds that it is an abuse of discretion. Id. In his brief, the defendant only advanced arguments under "category 'b', asserting that various rulings by the trial court were 'erroneous as a matter of law.'" Id. at 782, 624 S.E.2d at 642. The Court stated that the defendant's assignments of error completely failed to identify the issues actually briefed on appeal and that the defendant's "generic" assignments of error essentially amounted to "no more than an allegation that 'the court erred because its ruling was erroneous.'" Id. at 783, 624 S.E.2d at 642. The Court concluded that "the issues defendant briefed on appeal were not preserved for review by defendant's assignments of error." Id.