(DOWNLOAD) "North Carolina v. Cradle" by Supreme Court of North Carolina ~ eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Cradle
- Author : Supreme Court of North Carolina
- Release Date : January 10, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
At the outset, we note that the order appealed in this case was dated and filed by the Commission on 9 April 1980. Respondent gave immediate notice of appeal, both in the open hearing and in writing. Appeal entries were dated and filed 9 April 1980. On 14 May 1980, he again purported to give written notice of appeal. After having given notice of appeal in open hearing and appeal entries having been entered, respondent cannot thereafter extend the time for filing the record on appeal by giving another notice of appeal, albeit in compliance with Rule 18(d) of the North Carolina Rules of Appellate Procedure. See N.C.R. App. P. 3 and Drafting Committee Note thereto; N.C. Gen. Stat. 1A-1, Rule 58. This appeal was filed with this Court on 29 September 1980, twenty-three days beyond the maximum of 150 days for filing appeals. See N.C.R. App. P. 12(a) No order by this Court extending time for filing beyond 150 days is contained in the record on appeal. It thus appears from the record on appeal, stipulated to and agreed upon as the record on appeal by respondents counsel, that this appeal should be dismissed. N.C.R. App. P. 12(a); Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126 (1930); State v. Brown, 42 N.C. App. 724, 257 S.E.2d 668 (1979), disc. rev. denied, 299 N.C. 123 (1980). Nevertheless, an examination of the records of the clerk of this Court, of which we take judicial notice, discloses an order entered 31 July 1980, extending time to file record on appeal beyond 150 days. Appellant failed to include this order in the record on appeal. This is a violation of