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HARDY v. FLOYD

No. 8316SC1229.

320 S.E.2d 320 (1984)

Royce HARDY and Michael Abu v. J.E. FLOYD.

Court of Appeals of North Carolina.

October 2, 1984.

Attorney(s) appearing for the Case

Musselwhite, Musselwhite & McIntyre by Fred L. Musselwhite, Lumberton, for plaintiffs, appellees.

Horton & Michaels by John A. Michaels, Raleigh, for defendant, appellant.

HEDRICK, Judge.

Defendant assigns error to the order dated 15 July 1983 dismissing his appeal from the order denying his Rule 59 motion. Rule 3, North Carolina Rules of Appellate Procedure, and N.C.Gen.Stat. Sec. 1-279 provide that notice of appeal in a civil action must be given within ten days of the date of entry of the order appealed from. The order appealed from in this case was entered on 23 June 1983. Notice of appeal was given on 5 July 1983. In calculating...

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