IVES v. REAL-VENTURE, INC.

No. 8912SC154.

388 S.E.2d 573 (1990)

Robert P. IVES and Lois A. Ives, Plaintiffs, v. REAL-VENTURE, INC., James R. Hoyle, and Stephen B. Corboy, Defendants and Third-Party Plaintiffs, v. McCOY, WEAVER, WIGGINS, CLEVELAND, AND RAPER, a North Carolina Partnership, Donald W. McCoy, L. Stacy Weaver, Richard Wiggins, Neil V. Davis, Elmo Russell Zumwalt, III, and Donald Stephen Bunce, Third-Party Defendants.

Court of Appeals of North Carolina.

February 20, 1990.


Attorney(s) appearing for the Case

Reid, Lewis & Deese by Renny W. Deese, Fayetteville, for plaintiffs-appellees.

Bailey & Dixon by Gary S. Parsons and Alan J. Miles, Purser, Cheshire, Parker, Hughes & Manning by Thomas C. Manning, Raleigh, for defendants-appellants.

Russ, Worth, Cheatwood & Guthrie by Walker Y. Worth, Jr., Fayetteville, for third-party defendants-appellees.


SARAH ELIZABETH PARKER, Judge.

The first issue before this Court is whether the court below erred in dismissing defendants' appeal as untimely. For judgments entered prior to 1 July 1989, Rule 3 of the N.C. Rules of Appellate Procedure requires that written notice of "appeal from a judgment or order in a civil action or special proceeding must be [given] within 10 days after its entry." Rule 3(c), N.C. Rules App. Proc. General Statute 1A-1, Rule 58 provides:

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