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

CourtCourt of Appeal of North Carolina (US)
Citation100 N.C.App. 188,394 S.E.2d 683
Decision Date21 August 1990
Docket NumberCURRIN-DILLEHAY,No. 909DC144,909DC144
PartiesBUILDING SUPPLY, INC. v. George W. FRAZIER and wife, Edna M. Frazier.

Royster, Royster & Cross by H. Norman Thorp, III, and James E. Cross, Jr., Oxford, for plaintiff-appellee.

C.C. Malone, P.A. by C.C. Malone, Jr., Durham, for defendants-appellants.

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.

WELLS and EAGLES, JJ., concur.

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41 cases
  • Cox v. Cox
    • United States
    • Court of Appeal of North Carolina (US)
    • 18 May 1999
    ...the appellant must file a notice of appeal within the time period required under the 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......
  • State Of North Carolina v. Cowan, COA09-1415.
    • United States
    • Court of Appeal of North Carolina (US)
    • 21 September 2010
    ...Abels v. Renfro Corp., 126 N.C.App. 800, 802, 486 S.E.2d 735, 737 (1997)); (citing Currin-Dillehay Bldg. Supply Inc. v. Frazier, 100 N.C.App. 188, 189, 394 S.E.2d 683 (1990)), disc. review denied, 360 N.C. 544, 635 S.E.2d 58 (2006), we are required to dismiss Defendant's appeal. In addition......
  • Bailey v. State, 56PA00-2.
    • United States
    • United States State Supreme Court of North Carolina
    • 21 December 2000
    ...Inc. v. State ex rel. Cobey, 328 N.C. 563, 402 S.E.2d 407 (1991) (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 failu......
  • State v. Worley, COA18-1162
    • United States
    • Court of Appeal of North Carolina (US)
    • 5 November 2019
    ...Rule 3 leaves this Court without jurisdiction to hear the satellite-based monitoring 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 ......
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