Behar v. TOYOTA OF FAYETTEVILLE, INC.

SMITH, Judge.

The sole issue on appeal is whether the trial court erred in dismissing Toyota’s appeal for failure to give timely notice of appeal. For reasons set out herein, we vacate the order and remand for further proceedings.

The trial court determined that the entry of judgment was 8 May 1987 when the jury returned a verdict requiring Toyota to pay plaintiffs $22,900.00 and requiring plaintiffs to return the 1984 Toyota motor home to Toyota. Toyota contends that the judgment was entered when the 26 June 1987 judgment was filed.

G.S. 1A-1, Rule 58 provides as follows:

Subject to the…