## Facts

- Joker Club, L.L.C. planned to open a poker club in Durham County, North Carolina, and asked the district attorney for an opinion on legality.
- The district attorney responded that the proposed poker operation was illegal under North Carolina law and stated the statutes would be enforced.
- Joker Club entered a lease requiring written approval from the district attorney that poker was legal; absent approval, the landlord could cancel the lease and retain the security deposit.
- Joker Club sued for a declaratory judgment that poker is a game of skill (and therefore not prohibited by N.C. Gen. Stat. § 14-292) and sought injunctive relief to prevent enforcement against its proposed club.
- The trial court concluded poker is a game of chance under § 14-292 and denied injunctive relief.
- Joker Club appealed.

## Issues

1. Whether appellate rule violations required dismissal of any assignment(s) of error.
2. Whether poker is a game of chance or a game of skill under N.C. Gen. Stat. § 14-292.

## Decision

- The court dismissed Joker Club’s first assignment of error due to multiple violations of the North Carolina Rules of Appellate Procedure.
- The court affirmed the trial court’s ruling that poker is a game of chance within the meaning of N.C. Gen. Stat. § 14-292.
- The denial of injunctive relief was affirmed.

## Legal Principles

- North Carolina appellate rules are mandatory; substantial noncompliance can result in dismissal of assignments of error and limit appellate review.
- An assignment of error must plainly state the legal basis for alleged error and provide proper record/transcript references; required materials (including transcripts) and standards of review must be provided as the rules require.
- For gambling-law classification, the court applied a predominance test: a game is treated as a game of chance when chance predominates over skill in determining the outcome.
- Poker involves skill (e.g., bluffing, psychology, and odds calculation), but the random deal can defeat skill and remains outside the player’s control; chance predominates.
- Because poker was classified as a game of chance, operating and wagering on poker as proposed fell within § 14-292’s prohibition, making injunctive relief against enforcement unavailable on the asserted theory.

## Conclusion

The court enforced strict appellate-procedure requirements by dismissing a defective assignment of error and, on the merits, held that chance predominates in poker because random card distribution can override player skill; accordingly, poker was treated as a prohibited game of chance under N.C. Gen. Stat. § 14-292 and the denial of injunctive relief was affirmed.


Joker Club, L.L.C. v. Hardin, 643 S.E.2d 626 (N.C. Ct. App. 2007)