State of North Carolina County of Buncombe Stephen Hefner v. Mission Hospital, Inc., 022916 NCSUP, 12 CVS 3088

Docket Nº:12 CVS 3088
Opinion Judge:JAMES L. GALE CHIEF SPECIAL SUPERIOR COURT JUDGE.
Party Name:STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE STEPHEN HEFNER, on behalf of himself and all others similarly situated, Plaintiff, v. MISSION HOSPITAL, INC., a North Carolina Corporation; and MISSION HEALTH SYSTEM, INC., a North Carolina Corporation, collectively doing business as MISSION HEALTH; and DOES 1 through 25, inclusive, Defendants.
Case Date:February 29, 2016
Court:Superior Courts of Law and Equity of North Carolina
 
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STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE STEPHEN HEFNER, on behalf of himself and all others similarly situated, Plaintiff,

v.

MISSION HOSPITAL, INC., a North Carolina Corporation; and MISSION HEALTH SYSTEM, INC., a North Carolina Corporation, collectively doing business as MISSION HEALTH; and DOES 1 through 25, inclusive, Defendants.

No. 12 CVS 3088

Superior Court of North Carolina

February 29, 2016

ORDER & OPINION

JAMES L. GALE CHIEF SPECIAL SUPERIOR COURT JUDGE.

{1} THIS MATTER is before the Court on Defendants' Motion to Dismiss Plaintiff's Appeal ("Motion"). For the reasons explained below, the Motion is GRANTED, and Plaintiff's appeal is DISMISSED.

Higgins Benjamin, PLLC by John F. Bloss and Barry L. Kramer Law Offices by Barry L. Kramer (pro hac vice) for Plaintiff.

Robinson Bradshaw & Hinson, P.A. by Robert W. Fuller and Fitz E. Barringer for Defendants.

I. BACKGROUND

{2} The relevant facts necessary to decide the Motion are largely undisputed.

{3} The parties agree that, pursuant to Rule 3 of the North Carolina Rules of Appellate Procedure ("Appellate Rule(s)"), the notice of appeal at issue was required to be filed with the Buncombe County Clerk of Superior Court ("Clerk of Court") no later than January 19, 2016. N.C. R. App. P. 3(a), (c). The Clerk of Court file stamped the Notice of Appeal of the Court's Final Order and Class Certification Order ("Notice of Appeal") on January 20, 2016. Plaintiff contends that the Notice of Appeal was in the Clerk of Court's possession on or before that date, such that Appellate Rule 3 was satisfied. Defendants challenge Plaintiff's proof that the Clerk of Court received the Notice of Appeal before January 20, 2016. Defendants further contend that, in any event, the date of filing is controlled by the file stamp and that the Notice of Appeal was therefore untimely.

{4} The Court executed and electronically filed in its filing system an Order & Opinion ("Final Order") on December 15, 2015, that dismissed all of Plaintiff's claims and denied reconsideration of the Court's December 8, 2014, Order Denying Plaintiff's Motion for Class Certification ("Class Certification Order"). The Court mailed that Final Order to the Clerk of Court, who then file stamped it on December 17, 2015.

{5} On January 8, 2016, Plaintiff's counsel electronically filed Plaintiff's Notice of Appeal...

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