Court of Appeals of North Carolina, 1976

In re Thomas

In re Thomas
Court of Appeals of North Carolina · Decided January 7, 1976 · Martin, Morris, Parker
28 N.C. App. 295; 220 S.E.2d 838; 1976 N.C. App. LEXIS 2668

In re Thomas

Opinion of the Court

MORRIS, Judge.

No notice of appeal, exceptions, or assignments of error appear in the record filed in this purported appeal. Mr. Matthews asserts that he, on 1 May 1975, handed to the clerk a notice of appeal but the clerk refused to file it. He then petitioned this Court for a writ of mandamus which was denied on 22 July 1975.

Mr. Matthews was, by order of court, dismissed as a party to this action. He took no appeal from that order. The court found that he had no standing in this litigation and no interest in the subject matter. From the evidence before us, those facts are abundantly clear.

The general guardian and the guardian ad litem have moved to dismiss the purported appeal. The motion is well taken

Appeal dismissed.'

Judges Parker and Martin concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.