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CUSTOM MOLDERS, INC. v. ROPER CORP.

No. 8814SC1423.

401 S.E.2d 96 (1991)

101 N.C. App. 606

CUSTOM MOLDERS, INC. v. ROPER CORPORATION.

Court of Appeals of North Carolina.

February 19, 1991.

Attorney(s) appearing for the Case

Michael D. Calhoun, Glenn, Bentley & Fisher, P.A. by Charles A. Bentley, Jr. and Robert B. Glenn, Jr., and Gen. Counsel Susie R. Powell, Durham, for plaintiff-appellant-appellee.

Poyner & Spruill by J. Phil Carlton and Mary Beth Johnston, Raleigh, and Faison & Brown by Charles Gordon Brown and M. LeAnn Nease, Durham, for defendant-appellee-appellant.

PHILLIPS, Judge.

PLAINTIFF'S APPEAL

Since plaintiff's appeal challenges the validity of defendant's appeal, we determine it first. Plaintiff's contention that defendant's notice of appeal, filed the same day the written judgment was filed, was not timely is based upon the premise that entry of judgment was made "in open court" several weeks earlier. The existence or absence of the premise determines the appeal; for under the provisions of Rule 58, N.C. Rules...

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