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MITCHELL CTY. DEPT. OF SOC. SERV. v. CARPENTER

No. COA97-261.

489 S.E.2d 437 (1997)

MITCHELL COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellee/Petitioner, v. Michelle CARPENTER, Appellant/Respondent.

Court of Appeals of North Carolina.

September 2, 1997.

Attorney(s) appearing for the Case

Harrison & Poore, PA by Hal G. Harrison, Spruce Pine, for petitioner — appellee.

Brian A. Buchanan, Spruce Pine, for respondent — appellant.

SMITH, Judge.

We note at the outset that respondent has not assigned error to the 11 June 1996 order terminating her parental rights. Furthermore, respondent's notice of appeal with regard to that order was not timely because a motion made pursuant to N.C. Gen.Stat. § 1A-1, Rule 60 does not toll the time for filing notice of appeal from the underlying judgment. See N.C.R.App. P. 3(c); Parrish v. Cole, 38 N.C. App. 691

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