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N.C.App.1 FALL SESSION 1972 173
Reap v. City of Albemarle
of Practice in the Court of Appeals. On 14 May 1972, appel-lants
obtained from Judge Collier an order purporting to extend
the time for docketing the record on appeal until 15 June 1972.
After the time for docketing the record on appeal in this
Court had expired, the trial judge could not then enter a valid
order extending the time. In Roberts v. Stewart and Newton v.
Stewart, 3 N.C. App. 120, 164 S.E. 2d 58 (1968), cert. denied,
275 N.C. 137, the rule is stated as follows:
" * * * The record on appeal must be docketed in the
Court of Appeals within ninety days after the date of the
judgment, order, decree or determination appealed from.
Within this period of ninety days, but not after the expira-tion
thereof, the trial tribunal may for good cause extend
the time not exceeding sixty days for docketing the record
on appeal. * * * " (Emphasis added.)
The order purporting to extend the time for docketing in
this case is ineffective. Even so, appellants did not docket their
case within the extension of time provided in the order. More-over,
their brief was not timely filed and defendant has moved
that the appeal be dismissed pursuant to Rule 28, Rules of
Practice in the Court of Appeals.
[2] For failure to comply with the Rules of Practice in this
Court, appellants' appeal is dismissed. Before dismissing the
appeal, however, we reviewed appellants' contentions. It is our
opinion that, based upon the state of the record before the trial
judge, defendant was entitled to summary judgment. Waldrop
v. Brevard, 233 N.C. 26,62 S.E. 2d 512.
Appeal dismissed.
Judges PARKEaRnd VAUGHNco ncur.
Object Description
| Title | North Carolina Court of Appeals Reports [v.016, Fall Session Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 16, Fall Session Session 1972. Cited as 16 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 35.8 MB; 826 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_016.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 197 |
| Full Text | N.C.App.1 FALL SESSION 1972 173 Reap v. City of Albemarle of Practice in the Court of Appeals. On 14 May 1972, appel-lants obtained from Judge Collier an order purporting to extend the time for docketing the record on appeal until 15 June 1972. After the time for docketing the record on appeal in this Court had expired, the trial judge could not then enter a valid order extending the time. In Roberts v. Stewart and Newton v. Stewart, 3 N.C. App. 120, 164 S.E. 2d 58 (1968), cert. denied, 275 N.C. 137, the rule is stated as follows: " * * * The record on appeal must be docketed in the Court of Appeals within ninety days after the date of the judgment, order, decree or determination appealed from. Within this period of ninety days, but not after the expira-tion thereof, the trial tribunal may for good cause extend the time not exceeding sixty days for docketing the record on appeal. * * * " (Emphasis added.) The order purporting to extend the time for docketing in this case is ineffective. Even so, appellants did not docket their case within the extension of time provided in the order. More-over, their brief was not timely filed and defendant has moved that the appeal be dismissed pursuant to Rule 28, Rules of Practice in the Court of Appeals. [2] For failure to comply with the Rules of Practice in this Court, appellants' appeal is dismissed. Before dismissing the appeal, however, we reviewed appellants' contentions. It is our opinion that, based upon the state of the record before the trial judge, defendant was entitled to summary judgment. Waldrop v. Brevard, 233 N.C. 26,62 S.E. 2d 512. Appeal dismissed. Judges PARKEaRnd VAUGHNco ncur. |
