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INGLE v. ALLEN

No. 8310SC1174.

321 S.E.2d 588 (1984)

Beatrice Johnson INGLE v. Carnell Ingle ALLEN, Individually, Carnell Ingle Allen, Co-Executrix of the Estate of B.H. Ingle, Sr., Ruth Ingle Johnson, Individually, Carnell Ingle Allen and Ruth Ingle Johnson, Trustees Under the Will of B.H. Ingle, Sr., W.A. Johnson and Martha Ingle Currin.

Court of Appeals of North Carolina.

November 6, 1984.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by John R. Edwards and Elizabeth F. Kuniholm, Raleigh, for plaintiff-appellant.

Young, Moore, Henderson & Alvis, P.A. by Edward B. Clark and B.T. Henderson, II, Raleigh, for defendant-appellee W.A. Johnson.

HILL, Judge.

I

Did the trial court err in dismissing plaintiff's appeal of the granting of summary judgment as to the defendant W.A. Johnson? The defendant W.A. Johnson contends the appeal by plaintiff must be taken within 10 days after entry of summary judgment on 29 November 1982 to comply with Rule 3 of the North Carolina Rules of Appellate Procedure and G.S. 1-279; that no objection or exception to summary judgment was made in apt time as required by...

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