Legal Opinion

Melvin v. St. Louis

Court of Appeals of North Carolina

Decided January 5, 1999No. COA98-484PublishedCited by 3 opinions

1Opinion of the Court

GREENE, Judge.

Richard Melvin (Plaintiff) purports to appeal from the trial court’s adverse final judgment by orally giving notice of appeal before the trial court. Our Rules of Appellate Procedure provide that notice of appeal in a civil action is taken “by filing notice of appeal with the clerk of superior court and serving copies thereof upon all other parties . . . .” N.C.R. App. P. 3(a). The requirements of Rule 3 are jurisdictional; therefore oral notice of appeal is insufficient to confer jurisdiction on this Court in a civil action. Currin-Dillehay Bldg. Supply v. Frazier, 100 N.C.…

2Cases cited2 opinions

  1. Currin-Dillehay Building Supply, Inc. v. FrazierCourt of Appeals of North Carolina · 1990
  2. Crowell Constructors, Inc. v. State Ex Rel. CobeySupreme Court of North Carolina · 1991

3Cited by3 opinions

  1. State v. BrooksCourt of Appeals of North Carolina · 2010
  2. In Re HudsonCourt of Appeals of North Carolina · 2004
  3. Skeen v. Sports Authority, Inc.Court of Appeals of North Carolina · 2005

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API