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FOOD SERVICE SPECIALISTS v. ATLAS RESTAURANT MANAGEMENT, INC.

No. 9225SC690.

431 S.E.2d 878 (1993)

111 N.C. App. 257

FOOD SERVICE SPECIALISTS, Plaintiff, v. ATLAS RESTAURANT MANAGEMENT, INC. & H. Ray Martinat, & Roger Seagle, & James R. Simpson, II., Defendants. James R. SIMPSON, II., & Roger L. Seagle, Third-Party Plaintiffs, v. J.C. FAW, Third-Party Defendant.

Court of Appeals of North Carolina.

July 20, 1993.

Attorney(s) appearing for the Case

J. Stephen Gray, Salisbury, for plaintiff-appellant.

Simpson, Aycock, Beyer & Simpson, P.A. by Louis E. Vinay, Jr., Morganton, for defendant/third party plaintiff-appellee James R. Simpson, II.

Bell, Davis & Pitt, P.A. by D. Anderson Carmen, Winston-Salem, for defendant/third party plaintiff-appellee Roger L. Seagle.

Greeson and Grace, P.A., by Michael R. Greeson, Jr., Winston-Salem, for defendant-appellee J.C. Faw.

WELLS, Judge.

In a motion before this Court, defendants contend that plaintiff's appeal should be dismissed because plaintiffs failed to give a timely notice of appeal. We agree.

In the case at bar, the trial court made a clerical error as to the date of judgment. The judgment which was entered on 13 December 1991 was dated 2 October 1991. In an attempt to correct this clerical error, ostensibly pursuant to N.C.Gen.Stat. § 1A-1, Rule 60(a) of the North...

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