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Jones v. Pitt County Memorial Hospital Inc.12/3/1991
be sued in all courts whatsoever," evidence a legislative intent that all tort claims against UNC and its constituent institutions for money damages be brought before the North Carolina Industrial Commission. See Guthrie, 307 N.C. at 538, 299 S.E.2d at 627. Accordingly, the trial court correctly concluded that it lacked jurisdiction to adjudicate plaintiff's claim against ECU School of Medicine.
II
Defendant argues that the trial court erred in dismissing plaintiff's claim without prejudice because 1) the two-year statute of limitations applicable to plaintiff's claim, N.C.G.S. ยง 143-299 (1990), ran before the entry of the trial court's order and "no one could extend it"; and 2) even if the statute had not run, the trial court had no jurisdiction to take action extending the statute of limitations and any such action is null and void. Defendant seeks modification of the order to dismissal "with prejudice."
However, defendant has not properly preserved for appellate review any objection that it may have to the trial court's order in this case. Defendant failed to appeal or cross appeal pursuant to R. App. P. 3, or to make any cross-assignments of error pursuant to R. App. P. 10(d), or to present for review in its brief any questions raised by cross-assignments of error (under Rule 10(d)) pursuant to R. App. P. 28(c). Moreover, because defendant does not contend that the trial court's order deprives it of additional bases supporting the court's order, but rather, that certain portions of the order are erroneous, the proper means by which to raise such an attack would have been an independent appeal pursuant to
Rule 3. See Whedon v. Whedon, 68 N.C. App. 191, 196, 314 S.E.2d 794, 797 (1984), rev'd on other grounds, 313 N.C. 200, 328 S.E.2d 437 (1985). Rule 3 is jurisdictional and if its requirements are not complied with, the appeal must be dismissed. Currin-Dillehay Bldg. Supply, Inc. v. Frazier, 100 N.C. App. 188, 189, 394 S.E.2d 683, appeal dismissed and disc. rev. denied, 327 N.C. 633, 399 S.E.2d 326 (1990). Accordingly, defendant's contentions regarding error in the trial court's order will not be addressed by this Court.
For the foregoing reasons, we affirm the decision of the trial court dismissing without prejudice plaintiff's claim against defendant ECU School of Medicine.
Affirmed.
Disposition
Affirmed.
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