Currin-Dillehay Bldg. Supply, Inc. v. Frazier, CURRIN-DILLEHAY

Citation327 N.C. 633, 399 S.E.2d 326
Case DateDecember 05, 1990
CourtUnited States State Supreme Court of North Carolina

Page 326

399 S.E.2d 326
327 N.C. 633
CURRIN-DILLEHAY BUILDING SUPPLY, INC.
v.
George W. FRAZIER and wife, Edna M. Frazier.
No. 485P90.
Supreme Court of North Carolina.
Dec. 5, 1990.

Prior report: 100 N.C.App. 188, 394 S.E.2d 683.

C.C. Malone, Jr., and Walter E. Ricks, III, for defendants.

James E. Cross, Jr., Oxford, for plaintiff.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendants in this matter pursuant to G.S. 7A-30, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the appeal is

"Dismissed by order of the Court in conference, this the 5th day of December 1990."

Upon consideration of the petition filed by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 5th day of December 1990."

To continue reading

Request your trial
21 cases
  • Cox v. Cox, No. COA98-769
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • May 18, 1999
    ...rule. See Currin-Dillehay Bldg. Supply v. Frazier, 100 N.C.App. 188, 189, 394 S.E.2d 683 (1990), appeal dismissed and disc. review denied, 327 N.C. 633, 399 S.E.2d 326 (1990). Here, the appellant did not at any time give notice of appeal as to the 16 September 1997 child custody order. Acco......
  • Bailey v. State, 56PA00-2.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • December 21, 2000
    ...(per curiam); Currin-Dillehay Bldg. Supply, Inc. v. Frazier, 100 N.C.App. 188, 394 S.E.2d 683, appeal dismissed and disc. rev. denied, 327 N.C. 633, 399 S.E.2d 326 (1990). The provisions of Rule 3 are jurisdictional, and failure to follow the rule's prerequisites mandates dismissal of an ap......
  • State v. Worley, COA18-1162
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • November 5, 2019
    ...order. Currin-Dillehay Bldg. Supply v. Frazier , 100 N.C. App. 188, 189, 394 S.E.2d 683, 683, appeal dismissed and cert. denied , 327 N.C. 633, 399 S.E.2d 326 (1990).268 N.C.App. 303 In addition, Defendant did not argue before the trial court that satellite-based monitoring constituted an u......
  • Blevins v. Town of West Jefferson, COA06-930.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • April 17, 2007
    ...v. Frazier, 100 N.C.App. 188, 189, 394 S.E.2d 683, 683 (citing Giannitrapani v. Duke University, 30 N.C.App. 667, 228 S.E.2d 46 (1976)), 327 N.C. 633, 399 S.E.2d 643 S.E.2d 467 326 (1990); Bailey, 353 N.C. at 156, 540 S.E.2d at 322 (Failure to comply "mandates" dismissal of the appeal.). Th......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT