Crowell Constructors, Inc. v. State Ex Rel. Cobey
Cases that cite this one
28 later published cases cite this decision. The 25 that cite it most often are listed here.
- Skeen v. Sports Authority, Inc. (N.C. Ct. App. 2005)
- Henlajon, Inc. v. Branch Highways, Inc. (N.C. Ct. App. 2002)
- The Comm. To Elect Dan Forest v. Emps. Political Action Comm. (N.C. Ct. App. 2018)
- M.E. v. T.J. (N.C. Ct. App. 2020)
- Crowell Constructors, Inc. v. State Ex Rel. Cobey (N.C. Ct. App. 1994)
- Blevins v. Town of West Jefferson (N.C. Ct. App. 2007)
- Mar. Advisors, LLC v. HC Composites, LLC (N.C. Ct. App. 2026)
- Blitz v. Xpress Image, Inc. (North Carolina Business Court 2007)
- Funderburk v. Cont'l Tire The Ams. (N.C. Ct. App. 2025)
- State v. Ricks (N.C. 2021)
- Bradley v. Cumberland Cty. (N.C. Ct. App. 2018)
- Maldjian v. Bloomquist (N.C. Ct. App. 2016)
- King Fa, LLC v. Ming Xen Chen (N.C. Ct. App. 2016)
- Grasinger v. Williams (N.C. Ct. App. 2016)
- MNC Holdings, LLC v. Town of Matthews (N.C. Ct. App. 2012)
- Whitlock v. Triangle Grading Contractors Development, Inc. (N.C. Ct. App. 2010)
- Lupo v. SHARE OF NORTH CAROLINA, INC. (N.C. Ct. App. 2009)
- Dogwood Development & Management Co. LLC v. White Oak Transport Co. (N.C. 2008)
- Ribble v. Ribble (N.C. Ct. App. 2006)
- Krantz v. Owens (N.C. Ct. App. 2005)
- In re Hudson (N.C. Ct. App. 2004)
- Bailey v. State (N.C. 2000)
- Bailey v. State, North Carolina Department of Revenue (N.C. 2000)
- Melvin v. St. Louis (N.C. Ct. App. 1999)
- Edwards v. West (N.C. Ct. App. 1998)
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
Under Rule 3(a) of the Rules of Appellate Procedure, a party entitled by law to appeal from a judgment of superior court rendered in a civil action may take appeal by filing notice of appeal with the clerk of superior court and serving copies thereof upon all other parties in a timely manner. This rule is jurisdictional. Booth v. Utica Mutual Ins. Co., 308 N.C. 187, 301 S.E.2d 98 (1983). If the requirements of this rule are not met, the appeal must be dismissed. Currin-Dillehay Building Supply, Inc. v. Frazier, 100 N.C. App. 188, 394 S.E.2d 683 (1990). The appellant has the burden to see that all necessary papers are before the appellate court. State v. Stubbs, 265 N.C. 420, 144 S.E.2d 262 (1965). The notice of appeal must be contained in the record. Brady v. Town of Chapel Hill, 277 N.C. 720, 178 S.E.2d 446 (1971).
Since the record does not contain a notice of appeal in compliance with Rule 3, the Court of Appeals had no jurisdiction of *564 the appeal. The appeal should have been dismissed. Therefore, we vacate the decision of the Court of Appeals and remand to that court for dismissal of the appeal.
Vacated and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.