SURRATT v. NEWTON

No. 8921SC986.

393 S.E.2d 554 (1990)

99 N.C. App. 396

Katherine Leary SURRATT, Plaintiff, v. Jerry L. NEWTON, Jr., d/b/a Jerry's Realty Service; and Paul Jeffrey Newton, d/b/a Newton Brothers, Defendants.

Court of Appeals of North Carolina.

July 17, 1990.


Attorney(s) appearing for the Case

Legal Aid Soc. of Northwest North Carolina, Inc. by Joseph P. Henry and Ellen W. Gerber, Winston-Salem, for plaintiff-appellant.

Petree Stockton & Robinson by R. Rand Tucker and Mark A. Stafford, Winston-Salem, for defendant-appellant Jerry L. Newton, Jr.

Offices of Hamilton C. Horton, Jr. by Hamilton C. Horton, Jr. and Thomas M. Roth, III, Winston-Salem, for defendant-appellant Paul Jeffrey Newton.


EAGLES, Judge.

I. DEFENDANT PAUL JEFFREY NEWTON'S APPEAL

Defendant Paul Jeffrey Newton assigns as error the trial court's dismissal of his appeal for his failure to timely file notice of appeal in compliance with G.S. 1-279(c) and Rule 3 of the North Carolina Rules of App.Pro. Defendant Paul Jeffrey Newton contends that he had ten days to file his notice of appeal after defendant Jerry Newton filed his notice of appeal on 19 April 1989. We disagree.

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