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WATSON v. BRINKLEY

No. COA10-1145.

712 S.E.2d 186 (2011)

Rosa R. WATSON, Linwood W. Watson and Byrum W. Watson, Petitioners, v. Lillian P. BRINKLEY, Randall Alan Freuler and Cathy J. Freuler, Respondents.

Court of Appeals of North Carolina.

April 19, 2011.

Attorney(s) appearing for the Case

Moseley, Elliott & Dickens, L.L.P., by Bradley A. Elliott , Roanoke Rapids, for the petitioner-appellees.

Whitaker Law Office, by Cary Whitaker , Roanoke Rapids , for the respondent-appellants.

STEELMAN, Judge.

The trial court correctly held that respondents' failure to timely appeal the judgment of the clerk of court establishing petitioners' right to a cartway across respondents' land rendered that judgment final. The trial court was without jurisdiction to review the establishment of the right of petitioners to a cartway, and to consider alternative routes over the property of adjacent landowners.

I. Factual and Procedural History

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