Issue

Abandonment of issues—"swapping horses" on appeal—issue not raised at trial or in prior appeal

Summary

In a breach of contract action brought against the Board of Governors of the University of North Carolina (defendant) by students (plaintiffs) seeking refunds for mandatory fees and parking permits they paid for during the COVID-19 pandemic, defendant's argument–that, in light of the statutory mandate in N.C.G.S. § 116-143(a), the fees at issue in the case could not be the subject of a contract–was not preserved for appeal. Defendant neither raised the issue before the trial court nor included it in their appellate brief in their prior appeal to the Court of Appeals, and defendant could not "swap horses" between courts to "get a better mount" before the Supreme Court.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →