Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3. But is the file-stamp on that notice of appeal unassailable? On Wednesday, the North Carolina Business Court answered that question in the negative.
One sentence of Rule 3(c) of the North Carolina Rules of Appellate Procedure provides: “If timely notice of appeal is filed and served by a party, any other party may file and serve a notice of appeal within ten days after the first notice of appeal was served on such party.”
If one party appeals from a final judgment, what can be included in the other party’s cross-notice of appeal?… Continue Reading
A few months ago, I wrote about a case in which the Court of Appeals held that a notice of appeal was filed too early because the time period for filing a notice of appeal does not begin until judgment is entered. See Mannise v. Harrell. In that post, I indicated that it was “unclear how far the Mannise holding extends.”… Continue Reading
Rule 3(c) of the North Carolina Rules of Appellate Procedure mandates that a party must file a notice of appeal either 1) within thirty days after entry of judgment if the party has been served with a copy of the judgment within the three day period prescribed by Rule 58 of the Rules of Civil Procedure, or 2) within thirty days after service upon the party of a copy of the judgment.… Continue Reading