State v. McGaha

Court of Appeals of North Carolina

State v. McGaha

216 S.E.2d 431, 26 N.C. App. 528, 1975 N.C. App. LEXIS 2103

CourtCourt of Appeals of North Carolina

DecidedJuly 2, 1975

DocketNo. 7530SC233

StatusPublished

This text of 216 S.E.2d 431 (State v. McGaha) 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

State v. McGaha, 216 S.E.2d 431, 26 N.C. App. 528, 1975 N.C. App. LEXIS 2103 (N.C. Ct. App. 1975).

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Opinion

MORRIS, Judge.

The judgment in this case was entered on 14 November 1974. The record on appeal was filed more than 90 days later, on 24 March 1975. Although the trial judge entered an order extending the time to serve the case on appeal, no order was issued extending the time for docketing the record on appeal. Under Rule 5 the record on appeal must be docketed within 90 days after the date of the judgment appealed from, unless the trial judge extends the time, not exceeding an additional 60 days to docket the record on appeal. Nor is an extension of time within which to docket the record on appeal accomplished by the obtaining of an extension of time within which to serve the case on appeal. Clark v. Williams, 22 N.C. App. 341, 206 S.E. 2d 310 (1974).

Appeal dismissed.

Chief Judge Brock and Judge Hedrick concur.

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MORRIS, Judge.

The judgment in this case was entered on 14 November 1974. The record on appeal was filed more than 90 days later, on 24 March 1975. Although the trial judge entered an order extending the time to serve the case on appeal, no order was issued extending the time for docketing the record on appeal. Under Rule 5 the record on appeal must be docketed within 90 days after the date of the judgment appealed from, unless the trial judge extends the time, not exceeding an additional 60 days to docket the record on appeal. Nor is an extension of time within which to docket the record on appeal accomplished by the obtaining of an extension of time within which to serve the case on appeal. Clark v. Williams, 22 N.C. App. 341, 206 S.E. 2d 310 (1974).

Appeal dismissed.

Chief Judge Brock and Judge Hedrick concur.

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Bluebook (online)

216 S.E.2d 431, 26 N.C. App. 528, 1975 N.C. App. LEXIS 2103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcgaha-ncctapp-1975.

Opinion

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