BRITT, Judge.
The judgment appealed from was entered on 9 October 1969. The record on appeal was docketed in this Court on 3 February 1970 which was after the expiration of the time within which the appeal could be docketed in compliance with Rule 5, Rules of Practice in the Court of Appeals of North Carolina. Under Rule 5 the record on appeal must be filed within 90 days after the date of the judgment, order, decree or determination appealed from unless the trial...
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