Fitch v. Fitch

Court of Appeals of North Carolina

Fitch v. Fitch

210 S.E.2d 113, 24 N.C. App. 112, 1974 N.C. App. LEXIS 1943

CourtCourt of Appeals of North Carolina

DecidedDecember 4, 1974

DocketNo. 7426DC781

StatusPublished

This text of 210 S.E.2d 113 (Fitch v. Fitch) 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

Fitch v. Fitch, 210 S.E.2d 113, 24 N.C. App. 112, 1974 N.C. App. LEXIS 1943 (N.C. Ct. App. 1974).

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Opinion

CAMPBELL, Judge.

The appellant filed his brief on 21 October 1974 after having docketed the appeal on 19 August 1974. Under Court of Appeals Rule 28 which became effective 24 July 1974, the appellant’s brief must be filed within twenty days after the appeal is docketed. This the appellant failed to do. Consequently, the appellant is deemed to have abandoned all assignments of error except those appearing on the face of the record proper which are cognizable ex mero motu. See Land v. Land, 4 N.C. App. 115, 165 S.E. 2d 692 (1969) ; Fetherbay v. Motor Lines, 8 N.C. App. 58, 173 S.E. 2d 589 (1970). We find no error on the face of the record.

Affirmed.

Chief Judge Brock and Judge Hedrick concur.

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CAMPBELL, Judge.

The appellant filed his brief on 21 October 1974 after having docketed the appeal on 19 August 1974. Under Court of Appeals Rule 28 which became effective 24 July 1974, the appellant’s brief must be filed within twenty days after the appeal is docketed. This the appellant failed to do. Consequently, the appellant is deemed to have abandoned all assignments of error except those appearing on the face of the record proper which are cognizable ex mero motu. See Land v. Land, 4 N.C. App. 115, 165 S.E. 2d 692 (1969) ; Fetherbay v. Motor Lines, 8 N.C. App. 58, 173 S.E. 2d 589 (1970). We find no error on the face of the record.

Affirmed.

Chief Judge Brock and Judge Hedrick concur.

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Bluebook (online)

210 S.E.2d 113, 24 N.C. App. 112, 1974 N.C. App. LEXIS 1943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitch-v-fitch-ncctapp-1974.

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