FIRST UNION NAT. BANK OF NC v. King

ARNOLD, Judge.

Two appellate rule violations must first be addressed before we consider the merits of this case.

The plaintiff contends that the absence of an award of attorneys’ fees in the judgment should be reviewed by this Court on appeal. We disagree because timely notice of appeal was not given.

The judgment was entered on 31 March 1982 and the defendant gave notice of appeal in open court. The amended appeal entry, which stated for the first time that the plaintiff was appealing, was dated 19 April 1982.

Under Rule 3(c), N.C. Rules App. Proc. and G.S. l-279(c), the plaintiff had 10 days to…