Public-domain · open source
OpenJurist

49 N.C. App. 196

270 S.E.2d 558

Hamlin v. Austin

Court of Appeals of North Carolina

Decided October 7, 1980

Court of Appeals of North Carolina · decided 1980-10-07

Key passage — most relied on by later courts

“[t]he determination of whether to grant or deny a motion pursuant to either Rule 59(a) or Rule 59(e) is addressed to the sound discretion of the trial court.”

quoted by 1 later decision, including 183 N.C. App. 466 - Ncatr v. Ncdot

Relies on 9 N.C. App. 587 - GLEN FOREST CORPORATION v. Bensch · 23 N.C. App. 109 - In Re Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-07

How this case has been cited

Cited by 30 later decisions — most recently January 2018 · most notably 88 N.C. App. 397 - Strickland v. Jacobs (1988), 156 N.C. App. 301 - Young v. Lica (2003)

30 state decisions

1601980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

CLARK, Judge.

¶1 Plaintiffs’ assignments of error, their exceptions, and their arguments in their brief, all relate to alleged errors in the judgment of the trial court entered 10 October 1979. This appeal, however, was taken from the trial court’s order entered *197 5 November 1979 denying plaintiffs’ motion to amend the judgment pursuant to N.C. Rules Civ. P. 59(e), G.S. 1A-1. A motion under Rule 59(a) is “addressed to the sound discretion of the trial judge, whose ruling, in the absence of abuse of discretion, is not reviewable on appeal. Glen Forest Corp. v. Bensch, 9 N.C. App. 587, 176 S.E. 2d 851 (1970).” In re Brown 23 N.C. App. 109, 110, 208 S.E. 2d 282, 283 (1974). We hold that a motion under Rule 59(e) is similarly addressed to the court’s discretion. Plaintiffs’ brief did not address the issue of abuse of discretion, neither does such abuse appear on the face of the record.

¶2 We note that under App. R 3(c) the filing of plaintiffs’ motion to amend the judgment tolled the running of plaintiffs’ time for serving notice of appeal. Plaintiffs had exactly the same period of time to file an appeal from the judgment as from the order: ten days from the denial of the motion to amend. Plaintiffs chose to appeal the order and not the judgment. We cannot permit defendants’ 59(e) motion to substitute for a direct appeal from the judgment of the trial court.

¶3 Affirmed.

Judges Maetin (Harry C.) and Hill concur.
/49/ncapp/196 · .json · Public domain