United Leasing Corp. v. Miller

We note at the outset that plaintiff has abandoned its third assignment of error that the trial court erred in declining to hear or determine the plaintiffs motion for post-judgment relief under G.S. 1A-1, Rule 60 (b)(6), of the Rules of Civil Procedure. Questions raised by assignment of error in appeals from trial tribunals but not then presented and discussed in a partys brief are deemed abandoned. Rule 28(a) of the Rules of Appellate Procedure; State v. Wilson, 289 N.C. 531, 223 S.E.2d 311 (1976). Thus, our review is limited to the propriety of the trial courts dismissal of plaintiffs complaint for failure to state a claim upon which relief can be granted and the trial courts treatment of defendants motion for summary judgment as moot.