BYRD v. BYRD

No. 808DC966.

277 S.E.2d 472 (1981)

Edith Humphrey BYRD v. Donald Gary BYRD.

Court of Appeals of North Carolina.

May 5, 1981.


Attorney(s) appearing for the Case

Douglas P. Connor, Mount Olive, for plaintiff-appellee.

Fred W. Harrison, Kinston, for defendant-appellant.


ARNOLD, Judge.

Defendant contends that the trial court erred when it dismissed his notice of appeal. Specifically, he argues that the words of the district judge on pages 15-22 of the record were not such as to constitute the entry of a judgment.

G.S. 1A-1, Rule 58 defines the entry of judgment as follows: "... where judgment is rendered in open court, the clerk shall make a notation in his minutes ... and such notation shall constitute the entry of judgment...

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