MATTER OF THOMAS

No. 759SC617.

220 S.E.2d 838 (1976)

28 N.C. App. 295

In the Matter of Thurman P. THOMAS, Guardian of Mary Augusta Lancaster, Incompetent.

Court of Appeals of North Carolina.

January 7, 1976.


Attorney(s) appearing for the Case

John F. Matthews, pro se.

Yarborough, Jolly & Williamson by E. F. Yarborough, Louisburg, for Thurman P. Thomas, Guardian of the Estate of Mary Augusta Lancaster, Incompetent.

David, Sturges & Tomlinson by Conrad B. Sturges, Jr., Louisburg, for Ruby Eaves Underwood, Guardian Ad Litem of Mary Augusta Lancaster, Incompetent.


MORRIS, Judge.

No notice of appeal, exceptions, or assignments of error appear in the record filed in this purported appeal. Mr. Matthews asserts that he, on 1 May 1975, handed to the clerk a notice of appeal but the clerk refused to file it. He then petitioned this Court for a writ of mandamus which was denied on 22 July 1975.

Mr. Matthews was, by order of court, dismissed as a party to this action. He took no appeal from that order. The court found that...

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