In re the Custody of Maxwell

Court of Appeals of North Carolina

In re the Custody of Maxwell

171 S.E.2d 20, 7 N.C. App. 59, 1969 N.C. App. LEXIS 1108

CourtCourt of Appeals of North Carolina

DecidedDecember 17, 1969

DocketNo. 693DC533

StatusPublished

This text of 171 S.E.2d 20 (In re the Custody of Maxwell) 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

In re the Custody of Maxwell, 171 S.E.2d 20, 7 N.C. App. 59, 1969 N.C. App. LEXIS 1108 (N.C. Ct. App. 1969).

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Opinion

Graham, J.

The order appealed from was entered 30 May 1969. No order extending the time for docketing the case on appeal in this court appears in the record before us and therefore the respondent had ninety days from 30 May 1969 in which to docket the record on appeal. Rule 5, Rules of Practice in the Court of Appeals of North Carolina. The record on appeal was not docketed in this court until 1 October 1969 which was more than a month after the time for docketing had expired. This appeal is therefore subject to dismissal. Osborne v. Hendrix, 4 N.C. App. 114, 165 S.E. 2d 674; City of Randleman v. Stevenson, 4 N.C. App. 113, 165 S.E. 2d 693; State v. Cline, 4 N.C. App. 112, 165 S.E. 2d 691.

The respondent has also failed to file a brief as required by [60]*60Rule 28 of this court. His exceptions and assignments of error are therefore abandoned.

For failure to docket the record on appeal within the time required, the petitioner’s motion to dismiss the appeal is allowed. Appeal dismissed.

Campbell and Paricer, JJ., concur.

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Graham, J.

The order appealed from was entered 30 May 1969. No order extending the time for docketing the case on appeal in this court appears in the record before us and therefore the respondent had ninety days from 30 May 1969 in which to docket the record on appeal. Rule 5, Rules of Practice in the Court of Appeals of North Carolina. The record on appeal was not docketed in this court until 1 October 1969 which was more than a month after the time for docketing had expired. This appeal is therefore subject to dismissal. Osborne v. Hendrix, 4 N.C. App. 114, 165 S.E. 2d 674; City of Randleman v. Stevenson, 4 N.C. App. 113, 165 S.E. 2d 693; State v. Cline, 4 N.C. App. 112, 165 S.E. 2d 691.

The respondent has also failed to file a brief as required by [60]*60Rule 28 of this court. His exceptions and assignments of error are therefore abandoned.

For failure to docket the record on appeal within the time required, the petitioner’s motion to dismiss the appeal is allowed. Appeal dismissed.

Campbell and Paricer, JJ., concur.

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Bluebook (online)

171 S.E.2d 20, 7 N.C. App. 59, 1969 N.C. App. LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-custody-of-maxwell-ncctapp-1969.

Opinion

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