Herring v. Branch Banking & Trust Co.

EAGLES, Judge.

Plaintiff argues that Judge Wright’s 15 January 1992 order dismissing plaintiff’s appeal from the 18 November 1991 judgment for failure to timely file notice of appeal should be reversed. We disagree and affirm.

“Rule 25 of the North Carolina Rules of Appellate Procedure allows the trial court to dismiss an appeal if the appellant failed to give notice of appeal within the time allowed by the Appellate Rules.” Landingham Plumbing and Heating of N.C., Inc. v. Funnell, 102 N.C. App. 814, 815, 403 S.E.2d 604 (1991).

N.C.R. App. P. 3 provides in part:(a) Filing the Notice of Appeal.…