CLARK v. WALLACE

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Docket Number

No. 7528DC514

Attorney(S)

Henry G. Fisher for plaintiff appellants. S. Thomas Walton for defendant appellees.

Judges

CLARK, Judge.

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CAROL CLARK, MR. AND MRS. ROBERT L. ANDERSON, ELANORE CAMP, J. M. SHOOK, MR. AND MRS. PAUL CALDWELL, MR. AND MRS.C. B. BITTNER, VIRGINIA HERNDON, RHONDA BLEVINS, MR. AND MRS. ANDREW MOLIVITZ, MR. MORRIS FOX AND MR. ROBERT SMITH v. VERNON RANDOLPH WALLACE, ALIAS VERNON HENDERSON, SANDRA HAMLIN WALLACE, ALIAS SANDRA HENDERSON, D/B/A INTERNATIONAL DANCE STUDIO, VERNON RANDOLPH'S DANCE STUDIO

Appeal and Error 14 — failure to appeal within 10 days after judgment The Court of Appeals did not obtain jurisdiction where the appeal was not taken within 10 days after rendition of the judgment appealed from as required by G.S. 1-279, and the appeal must be dismissed.

CLARK, Judge.

It appears from the record on appeal that appeal was taken on 22 April 1975 from the order of dismissal rendered in session on 7 April 1975. Plaintiff failed to comply with G.S. 1-279, which requires that appeal must be taken within 10 days after rendition of judgment. Under these circumstances the Court of Appeals does not obtain jurisdiction, and we must dismiss it. Oliver v. Williams, 266 N.C. 601, 146 S.E.2d 648 (1966).

Appeal dismissed.

Chief Judge BROCK and Judge HEDRICK concur.

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