Provident Finance Co. v. Locklear

GREENE, Judge.

The sole issue presented on appeal is whether plaintiff gave timely written notice of appeal to the district court from a magistrate’s judgment in a small claims action. The magistrate announced his judgment in open court on 22 August 1986 and noted it in his minutes. He prepared his written judgment later the same day but did not file it until 26 August 1986. Plaintiff filed its written notice of appeal fourteen days after 22 August 1986. The District Court dismissed the appeal for trial de novo since plain*536tiffs notice was filed too late under N.C.G.S. Sec. 7A-228(a) (1986)…