Campbell v. Campbell

Court of Appeals of North Carolina

Campbell v. Campbell

207 S.E.2d 265, 22 N.C. App. 696, 1974 N.C. App. LEXIS 2423

CourtCourt of Appeals of North Carolina

DecidedAugust 7, 1974

DocketNo. 7420DC248

StatusPublished

This text of 207 S.E.2d 265 (Campbell v. Campbell) 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

Campbell v. Campbell, 207 S.E.2d 265, 22 N.C. App. 696, 1974 N.C. App. LEXIS 2423 (N.C. Ct. App. 1974).

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Opinion

CARSON, Judge.

The plaintiff has moved to dismiss the appeal pursuant to provisions of Rule 5, which require the case on appeal to be docketed in the Court of Appeals within 90 days from the entry of the order appealed from. The appellant did not docket the case within 90 days as required by Rule 5, and he did not obtain an extension of time in which to docket said appeal. We hold, therefore, that the motion should be allowed and that the appeal must be dismissed. James v. Harris, 9 N.C. App. 733, 177 S.E. 2d 306 (1970) ; Public Service Co. v. Lovin, 9 N.C. App. 709, 177 S.E. 2d 448 (1970).

Although the appeal must be dismissed for the failure to docket, we have nevertheless examined the contentions of the parties. We note that the order appealed from is an interlocutory order. The provisions for temporary alimony have already been stricken. The show cause hearing for the other relief has not been held. We feel that the contentions of the defendant can be adequately propounded at that hearing; and if he is entitled to relief, it will be forthcoming in the near future.

Appeal dismissed.

Judges Parker and Vaughn concur.

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CARSON, Judge.

The plaintiff has moved to dismiss the appeal pursuant to provisions of Rule 5, which require the case on appeal to be docketed in the Court of Appeals within 90 days from the entry of the order appealed from. The appellant did not docket the case within 90 days as required by Rule 5, and he did not obtain an extension of time in which to docket said appeal. We hold, therefore, that the motion should be allowed and that the appeal must be dismissed. James v. Harris, 9 N.C. App. 733, 177 S.E. 2d 306 (1970) ; Public Service Co. v. Lovin, 9 N.C. App. 709, 177 S.E. 2d 448 (1970).

Although the appeal must be dismissed for the failure to docket, we have nevertheless examined the contentions of the parties. We note that the order appealed from is an interlocutory order. The provisions for temporary alimony have already been stricken. The show cause hearing for the other relief has not been held. We feel that the contentions of the defendant can be adequately propounded at that hearing; and if he is entitled to relief, it will be forthcoming in the near future.

Appeal dismissed.

Judges Parker and Vaughn concur.

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Bluebook (online)

207 S.E.2d 265, 22 N.C. App. 696, 1974 N.C. App. LEXIS 2423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-campbell-ncctapp-1974.

Opinion

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