Surratt v. Newton

EAGLES, Judge.

I. Dependant Paul Jeffrey Newton’s Appeal

Defendant Paul Jeffrey Newton assigns as error the trial court’s dismissal of his appeal for his failure to timely file notice of appeal in compliance with G.S. l-279(c) and Rule 3 of the North Carolina Rules of App. Pro. Defendant Paul Jeffrey Newton contends that he had ten days to file his notice of appeal after defendant Jerry Newton filed his notice of appeal on 19 April 1989. We disagree.

*402Rule 3(c) of the Rules of App. Pro. provides that “[i]f a timely notice of appeal is filed and served by a party, any other party may file and…