Kurtz v. Allstate Insurance Co.

The plaintiff’s appeal in this case is from a judgment of involuntary nonsuit entered on 23 April 1969. According to Rule 5 of the Rules of Practice in the Court of Appeals of North Carolina, it was necessary that the record on appeal be docketed within 90 days unless the trial tribunal, for good cause, extended the time not exceeding an additional 60 days for docketing the record on appeal. Consequently, without an extension by the trial tribunal, the record *626on appeal should have been docketed in this Court on 22 July 1969; it was actually docketed on 25 August 1969, over a month late. There…