Brooks v. Matthews

Court of Appeals of North Carolina

Brooks v. Matthews

225 S.E.2d 159, 29 N.C. App. 614, 1976 N.C. App. LEXIS 2583

CourtCourt of Appeals of North Carolina

DecidedJune 2, 1976

Docket7519SC1040

StatusPublished

Cited by6 cases

This text of 225 S.E.2d 159 (Brooks v. Matthews) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brooks v. Matthews, 225 S.E.2d 159, 29 N.C. App. 614, 1976 N.C. App. LEXIS 2583 (N.C. Ct. App. 1976).

Pincite

Opinion

HEDRICK, Judge.

G.S. 1-279 and Rule 3(c) of the Rules of Appellate Procedure provide that an appeal in a civil action when taken by written notice “must be taken within 10 days after its entry.” The record before us discloses that the judgment from which plaintiff purported to appeal was entered on 17 September and *615 appeal was not taken until 29 September. Where the appeal is taken more than ten days after the “entry” of judgment and the time within which appeal can be taken is not otherwise tolled as provided in G.S. 1-279 and App. R. 3, the appellate court obtains no jurisdiction in the matter and the appeal must be dismissed. See Teague v. Teague, 266 N.C. 320, 146 S.E. 2d 87 (1966) ; Aycock v. Richardson, 247 N.C. 233, 100 S.E. 2d 379 (1957) ; Moore v. John Doe, 19 N.C. App. 131, 198 S.E. 2d 236 (1973).

Appeal dismissed.

Chief Judge Brock and Judge Clark concur.

Free access — add to your briefcase to read the full text and ask questions with AI

HEDRICK, Judge.

G.S. 1-279 and Rule 3(c) of the Rules of Appellate Procedure provide that an appeal in a civil action when taken by written notice “must be taken within 10 days after its entry.” The record before us discloses that the judgment from which plaintiff purported to appeal was entered on 17 September and *615 appeal was not taken until 29 September. Where the appeal is taken more than ten days after the “entry” of judgment and the time within which appeal can be taken is not otherwise tolled as provided in G.S. 1-279 and App. R. 3, the appellate court obtains no jurisdiction in the matter and the appeal must be dismissed. See Teague v. Teague, 266 N.C. 320, 146 S.E. 2d 87 (1966) ; Aycock v. Richardson, 247 N.C. 233, 100 S.E. 2d 379 (1957) ; Moore v. John Doe, 19 N.C. App. 131, 198 S.E. 2d 236 (1973).

Appeal dismissed.

Chief Judge Brock and Judge Clark concur.

Cite This Page — Counsel Stack

Bluebook (online)

225 S.E.2d 159, 29 N.C. App. 614, 1976 N.C. App. LEXIS 2583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-matthews-ncctapp-1976.

Opinion

Related

Cite This Page — Counsel Stack