Legal Opinion

Phillips v. Texfi Industries, Inc.

Court of Appeals of North Carolina

Decided November 20, 1979No. 797SC189PublishedCited by 2 opinions

1Opinion of the Court

ARNOLD, Judge.

As defendant points out, plaintiff has failed to comply with Rule 11(b) of the Rules of Appellate Procedure, which requires that appellant file with the clerk of superior court and serve on the appellee a proposed record on appeal within 30 days after appeal is taken. Plaintiff gave notice of appeal on 28 November 1978. On 10 January 1979, more than 30 days later, an order was signed allowing plaintiff 75 days within which to serve the case on appeal. Under Rule 11(f), extensions of the 30 day period in 11(b) may be allowed “in accordance with the provisions of Rule 27(c).” Rule…

2Cases cited3 opinions

  1. Caldwell v. DeeseSupreme Court of North Carolina · 1975
  2. Jacobson v. JC Penney Co., Inc.Court of Appeals of North Carolina · 1979
  3. McArver v. Pound & Moore, Inc.Court of Appeals of North Carolina · 1972

3Cited by2 opinions

  1. Southern Railway Co. v. ADM Milling Co.Court of Appeals of North Carolina · 1982
  2. Stansfield v. MahowskyCourt of Appeals of North Carolina · 1980

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