Carothers v. Ti-Caro

JOHNSON, Judge.

Defendants attempt at the outset to dispense with plaintiffs arguments by maintaining that plaintiffs appeal should be dismissed. Defendants may challenge the propriety of the judgment for the first time in their brief pursuant to the proviso under Rule 10(a), N.C. Rules App. P. Specifically, defendants contend that the appeal should be dismissed for the following reason: no timely appeal was taken by either party from the 20 February 1985 opinion and award as indicated by (1) the absence of a notice of appeal in the record on appeal and (2) the Full Commission’s finding of…