PACIFIC SOUTHBAY IND. v. SURE-FIRE DISTRIBUTING

No. 8028SC294.

270 S.E.2d 515 (1980)

PACIFIC SOUTHBAY INDUSTRIES, INC. v. SURE-FIRE DISTRIBUTING, INC.

Court of Appeals of North Carolina.

October 7, 1980.


Attorney(s) appearing for the Case

Wesley F. Talman Jr., Ashville, for plaintiff-appellee.

Riddle, Shackelford & Hyler by George B. Hyler Jr., Ashville, for defendant-appellant.


HILL, Judge.

Appellant failed to file the record on appeal within 150 days of his notice of appeal in violation of App.R. 12(a), but did file within 150 days from the date the judgment was signed. At oral argument, appellant moved the Court to consider the appeal as a petition for writ of certiorari and subsequently filed a written petition. This Court, in its discretion and pursuant to App.R. 21(a), allows the motion. Furthermore, pursuant to App.R. 2, the Court...

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