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NOBLES v. FIRST CAROLINA COMMUNICATIONS, INC.

No. 917SC365.

423 S.E.2d 312 (1992)

108 N.C. App. 127

Herbert A. NOBLES, Plaintiff v. FIRST CAROLINA COMMUNICATIONS, INC.; E.B. Chester, Jr.; Aiken Cablevision, Inc., formerly known as F.C. Barnwell, Inc; F.C. Aiken, Inc.; Gary Phillips; C. David Smith; A.P. Thorpe, III; G.W. Thorpe; Thomas D. Livingston; Frank B. Cannon; Lon Carruth, Roy F. Coppedge, III; Anthony J. Bolland; Walter F. Payne, Jr.; 1st Cablevision, Inc., a Nevada corporation; Defendants. Herbert A. NOBLES, Plaintiff v. KILPATRICK & CODY, a Georgia general partnership, Defendant

Court of Appeals of North Carolina.

December 1, 1992.

Attorney(s) appearing for the Case

Clark Wharton & Berry, by David M. Clark and B. Douglas Martin, Greensboro, and Terry W. Alford and William W. Aycock, Jr., Tarboro, for plaintiff appellant.

Smith Helms Mulliss & Moore, by E. Osborne Ayscue, Jr., Catherine E. Thompson, and Bradley R. Kutrow, Charlotte, for defendant appellees First Carolina Communications et al.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, by James D. Blount, Jr., Michael E. Weddington, and Donald H. Tucker, Raleigh, Jr. for defendant appellee Kilpatrick & Cody.

WALKER, Judge.

Pursuant to N.C. Rules of Appellate Procedure, Rule 3(c)(2), the time period for filing and serving a notice of appeal is tolled by a timely motion under Rule 52(b). Insofar as the trial court failed to find that plaintiff's motion to amend judgment pursuant to Rule 52(b) was untimely, plaintiff's notice of appeal in the present case was appropriately given on 27 December 1990 after Judge Brown's order denying plaintiff's Rule 52(b) motion was entered...

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