Currin-Dillehay Building Supply, Inc. v. Frazier

Court of Appeals of North Carolina
Currin-Dillehay Building Supply, Inc. v. Frazier, 394 S.E.2d 683 (1990)
100 N.C. App. 188; 1990 N.C. App. LEXIS 890
Arnold, Wells, Eagles

Currin-Dillehay Building Supply, Inc. v. Frazier

Opinion

ARNOLD, Judge.

Prior to 1 July 1989, notice of appeal in civil actions could be given either in writing or orally in open court. Appellate Rule 3(a), however, was amended on 8 December 1988 to provide that an appeal in a civil action is taken, effective for all judgments entered on or after 1 July 1989, by filing notice of appeal with the clerk of superior court and serving copies thereof upon all other parties. This, defendants have not done. Appellate Rule 3 is jurisdictional and if the requirements of this rule are not complied with, the appeal must be dismissed. Giannitrapani v. Duke University, 30 N.C. App. 667, 228 S.E.2d 46 (1976). Accordingly, this appeal is

Dismissed.

Judges Wells and Eagles concur.

Reference

Full Case Name
CURRIN-DILLEHAY BUILDING SUPPLY, INC. v. GEORGE W. FRAZIER and Wife, EDNA M. FRAZIER
Cited By
39 cases
Status
Published