De Febio, In re
| Decision Date | 25 February 1953 |
| Docket Number | No. 17,17 |
| Citation | 237 N.C. 269,74 S.E.2d 531 |
| Court | North Carolina Supreme Court |
| Parties | In re DE FEBIO et al. |
No counsel contra.
The judgment appealed from was entered, by consent, at the June Term, 1952, of Pasquotank, as of the May Term, 1952 of Dare.
The transcript of the record was not docketed here until 6 December, 1952. It was the duty of the appellants to docket the appeal at the Fall Term, 1952, of this Court, twenty-one days before the call of the docket of the First District, to which the case belongs. Rule 5, Rules of Practice in the Supreme Court, 221 N.C. 546, as amended. See 233 N.C. 749.
This is a mandatory rule of procedure with us. It may not be abrogated by consent or otherwise. Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126. Failure to docket within the time prescribed works a loss of the right of appeal and necessitates dismissal. Jones v. Jones, 232 N.C. 518, 61 S.E.2d 335; State v. Presnell, 226 N.C. 160, 36 S.E.2d 927; State v. Watson, 208 N.C. 70, 179 S.E. 455; Pruitt v. Wood, supra.
It follows that the appeal must be dismissed, and it is so ordered. This, of course, without prejudice to respondents' rights to move, if so advised, in the Juvenile Court of Dare County for modification of the judgment on the ground of changed conditions. G.S. § 110-36.
Appeal dismissed.
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Huie v. Templeton
...other cases, First Nat. Bank of Weldon v. Fries, 162 N.C. 516, 77 S.E. 678; Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126; In re De Febio, 237 N.C. 269, 74 S.E.2d 531; Anderson v. Wray Plumbing & Heating Co., 238 N.C. 138, 76 S.E.2d 458; State v. Powell, 238 N.C. 550, 78 S.E.2d 343; Laughingho......
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...of App.R. 12(a), Byrd v. Alexander, 32 N.C.App. 782, 233 S.E.2d 654 (1977), works a loss of the right of appeal. In re DeFebio, 237 N.C. 269, 74 S.E.2d 531 (1953). Judge Henderson thus acted correctly on 6 April 1978 in dismissing defendant's appeal from the order of 27 September 1977. The ......
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