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51 N.C. App. 707

Byrd v. Byrd

Court of Appeals of North Carolina · decided 1981-05-05

Cited by 2 later decisions — most recently December 1987

2 state decisions

Key passage — most relied on by later courts

“This is provided in G.S. 1A-1, Rule 58 which provides in part: Subject to the provisions of Rule 54(b): Upon a jury verdict that a party shall recover only a sum certain or costs or that all relief shall be denied or upon a decision by the judge in open court to like effect, the clerk, in the absence of any contrary direction by the judge, shall make a notation in his minutes of such verdict or decision and such notation shall constitute the entry of judgment for the purposes of these rules. The clerk shall forthwith prepare, sign, and file the judgment without awaiting any direction by the judge.”

quoted by 1 later decision, including Patel v. Mid Southwest Electric

Good law ✅— No negative treatment on recordhow we know

Decided 1981-05-05

View the full empirical analysis of this case →

ARNOLD, Judge.

¶1Defendant contends that the trial court erred when it dismissed his notice of appeal. Specifically, he argues that the words of the district judge on pages 15-22 of the record were not such as to constitute the entry of a judgment.

¶2G.S. 1A-1, Rule 58 defines the entry of judgment as follows: “... where judgment is rendered in open court, the clerk shall make a notation in his minutes ... and such notation shall constitute the entry of judgment. ...” The record before us indicates that the judgment in this case was “entered” in open court on 8 August 1980, and that the defendant and his counsel were present in court at the time the judgment of the court was *709stated. An appeal in a civil action, when taken by written notice, must be taken within ten days after entry of judgment. G.S. l-279(c); Rule 3(c), N.C. Rules of Appellate Procedure. Here the judgment was entered 8 August and notice of appeal was given on 19 August. Since the ten-day period was exceeded, the appeal was properly dismissed.

¶3The order of the trial court is

¶4Affirmed.

Judges Hedrick and Webb concur.
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