Stephens v. John Koenig, Inc.

EAGLES, Judge.

Defendant contends that the district court erred in denying defendant’s motion for relief from judgment pursuant to Rule 60(b) of *324the North Carolina Rules of Civil Procedure. We dismiss defendant’s appeal for lack of jurisdiction.

“Jurisdiction cannot be conferred by consent where it does not otherwise exist, and the jurisdiction of the Court of Appeals is derivative; therefore, if the court from which the appeal is taken had no jurisdiction, the Court of Appeals cannot acquire jurisdiction by appeal.” Wiggins v. Insurance Co., 3 N.C. App. 476, 478, 165 S.E.2d 54, 56 (1969)…