Giannitrapani v. Duke University

BRITT, Judge.

At the outset we point out that plaintiff’s present counsel did not represent him at the time notice of appeal was given. The record discloses that plaintiff discharged his trial counsel immediately following entry of the 17 November 1975 judgment and did not employ his present counsel until sometime after he gave notice of appeal.

Plaintiff contends that the trial court erred in its conclusions of law and particularly the conclusion that the court lacks discretion under Appellate Rule 25 to permit the notice of appeal to be served after the expiration of ten days following the…