Court of Appeals of North Carolina, 1976

Ledwell v. County of Randolph

Court of Appeals of North Carolina · Decided November 17, 1976 · No. 7619SC467 · Brock, Parker, Hedrick

229 S.E.2d 836; 31 N.C. App. 522; 1976 N.C. App. LEXIS 2033 (South Eastern Reporter, Second Series)

Cases that cite this one

16 later published cases cite this decision.

White v. Carver (N.C. Ct. App. 2005)
Craver v. Craver (N.C. 1979)
Holland v. Heavner (N.C. Ct. App. 2004)
Taylor v. City of Lenoir (N.C. Ct. App. 2001)
Kellihan v. Thigpen (N.C. Ct. App. 2000)
Harvey v. Stokes (N.C. Ct. App. 2000)
Taylor v. City of Lenoir (N.C. Ct. App. 2000)
State v. Crouch (N.C. Ct. App. 1979)
State v. Johnson (N.C. Ct. App. 1978)
City of Hickory v. Catawba Valley Machinery Co. (N.C. Ct. App. 1978)
State v. Gilliam (N.C. Ct. App. 1977)
Byrd v. Alexander (N.C. Ct. App. 1977)
State v. Lesley (N.C. Ct. App. 1977)
Indian Trace Co. v. Sanders (N.C. Ct. App. 1977)
White v. Lawrence (N.C. Ct. App. 1977)
Matter of Allen (N.C. Ct. App. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

BROCK, Chief Judge.

When plaintiff served his proposed record on appeal on defendants, defendants filed exceptions. Plaintiff requested settlement of the record on appeal by the trial judge.

On 6 May 1976 the trial judge entered his order settling the record on appeal. The North Carolina Rules of Appellate Procedure, Rule 11(e) provides that “[wjithin 10 days after the record on appeal has been settled . . . the appellant shall present the items constituting the record on appeal to the clerk of superior court for certification.” Appellant in this case waited from 6 May 1976 until 27 May 1976 to obtain the clerk’s certification, a total of 21 days.

The time schedules set out in the rules are designed to keep the process of perfecting an appeal to the appellate division flowing in an orderly manner. Counsel is not permitted to decide upon his own enterprise how long he will wait to take his next step in the appellate process. There are generous provisions for extensions of time by the trial court if counsel can show good cause for extension.

The North Carolina Rules of Appellate Procedure are mandatory. “These rules govern procedure in all appeals from the courts of the trial divisions to the courts of the appellate division; ...” App. R. 1(a).

Appeal dismissed.

Judges Parker and Hedrick concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.