PARRISH v. COLE

Nos. 7710DC968, 7710DC1029.

248 S.E.2d 878 (1978)

38 N.C. App. 691

Cavell A. PARRISH v. David Wayne COLE.

Court of Appeals of North Carolina.

November 21, 1978.


Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by J. Harold Tharrington and Steven L. Evans, Raleigh, for plaintiff-appellee.

Ragsdale & Kirschbaum by William L. Ragsdale, Raleigh, for defendant-appellant.


VAUGHN, Judge.

Defendant contends that the amendment to the order was improper because the trial court lacked jurisdiction. The issue presented is whether a notice of appeal bars a subsequent but timely motion to amend the findings of fact pursuant to Rule 52(b) of the North Carolina Rules of Civil Procedure. Rule 52(b) states that "[u]pon motion of a party made not later than 10 days after entry of judgment the court may amend its findings or make additional findings...

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