PROVIDENT FINANCE CO. v. LOCKLEAR

No. 8716DC391.

366 S.E.2d 599 (1988)

89 N.C. App. 535

PROVIDENT FINANCE COMPANY v. James and Vera LOCKLEAR.

Court of Appeals of North Carolina.

April 5, 1988.


Attorney(s) appearing for the Case

Etheridge, Moser and Garner, P.A. by Terry R. Garner, Laurinburg, for plaintiff-appellant.

Lumbee River Legal Services, Inc. by Janet H. Roach, Fayetteville, for defendant-appellees.


GREENE, Judge.

The sole issue presented on appeal is whether plaintiff gave timely written notice of appeal to the district court from a magistrate's judgment in a small claims action. The magistrate announced his judgment in open court on 22 August 1986 and noted it in his minutes. He prepared his written judgment later the same day but did not file it until 26 August 1986. Plaintiff filed its written notice of appeal fourteen days after 22 August 1986. The District...

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