Liberty Mutual Insurance v. Ditillo

EAGLES, Judge.

We note that Reliance failed to file their notice of appeal within thirty days from the judgment as required by N.C.R. App. P. 3. However, in our discretion and pursuant to N.C.R. App. P. 2, 21, we treat Reliance’s appeal as a petition for writ of certiorari and allow the petition in the interest of justice.

We first consider whether the trial court erred in its conclusion that defendant-employees’ potential uninsured motorist benefits were subject to a lien in favor of the workers’ compensation carrier, Reliance, pursuant to G.S. 97-10.2. While applying G.S. 97-10.2, decisions…