Nobles v. First Carolina Communications, Inc.

WALKER, Judge.

Pursuant to N.C. Rules of Appellate Procedure, Rule 3(c)(2), the time period for filing and serving a notice of appeal is tolled by a timely motion under Rule 52(b). Insofar as the trial court failed to find that plaintiff’s motion to amend judgment pursuant to Rule 52(b) was untimely, plaintiff’s notice of appeal in the present case was appropriately given on 27 December 1990 after Judge Brown’s order denying plaintiff’s Rule 52(b) motion was entered on 27 November 1990. The motions of First Carolina and Kilpatrick & Cody to dismiss plaintiff’s appeal are therefore denied.…