WADE v. WADE

No. 8415DC52.

325 S.E.2d 260 (1985)

Billy Clifton WADE v. Carolyn Dodson WADE.

Court of Appeals of North Carolina.

February 5, 1985.


Attorney(s) appearing for the Case

Vernon, Vernon, Wooten, Brown, Andrews, Garrett & Sandifer by Wiley P. Wooten and T. Randall Sandifer, Burlington, for plaintiff.

Hemric, Hemric & Elder, P.A. by H. Clay Hemric, Jr. and Nancy G. Hemric, Burlington, for defendant.


WELLS, Judge.

Plaintiff first contends the trial court erred in dismissing his appeal. We agree. Under the provisions of Rule 6 of the Rules of Appellate Procedure, motions to dismiss an appeal for failure of an appellant to provide appropriate security for cost on appeal must be directed to the appellate court where the appeal is docketed. The trial court was without jurisdiction to enter its order of dismissal; therefore, that order is vacated. The appeal from the...

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