Campbell v. Campbell

CARSON, Judge.

The plaintiff has moved to dismiss the appeal pursuant to provisions of Rule 5, which require the case on appeal to be docketed in the Court of Appeals within 90 days from the entry of the order appealed from. The appellant did not docket the case within 90 days as required by Rule 5, and he did not obtain an extension of time in which to docket said appeal. We hold, therefore, that the motion should be allowed and that the appeal must be dismissed. James v. Harris, 9 N.C. App. 733, 177 S.E. 2d 306 (1970) ; Public Service Co. v. Lovin, 9 N.C. App. 709, 177 S.E. 2d 448 (1970).

Alth…