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SHAW v. HUDSON

No. 8021DC305.

271 S.E.2d 560 (1980)

49 N.C. App. 457

Martha A. SHAW, d/b/a Shaws Furniture Store v. Vernell HUDSON.

Court of Appeals of North Carolina.

November 4, 1980.

Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy & Kennedy, by Harold L. Kennedy, III, Winston-Salem, for plaintiff-appellant.

Legal Aid Society of Northwest North Carolina, Inc., by Margot Roten and Benjamin Erlitz, Winston-Salem, for defendant-appellee.

WELLS, Judge.

The clear issue before us in this case is whether the Rules of Appellate Procedure require service of notice of appeal either before filing or on the same day notice is filed. Plaintiff contends that so long as the notice of appeal is served within ten days of filing, it is timely served. We reject this argument.

Rules 3 and 26 of the Rules of Appellate Procedure control. Rule 3(a), applicable in this case, is as follows:

(a) From Judgments...

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