Legal Opinion

Frander v. Board of Transportation

Court of Appeals of North Carolina

Decided February 7, 1984No. 8212SC1150PublishedCited by 1 opinion

1Opinion of the Court

JOHNSON, Judge.

We note initially that defendant has failed to comply with Rule 12(a) of Rules of Appellate Procedure, which requires filing of the record on appeal no later than 150 days after giving notice of appeal. The trial judge announced his decision in open court on 1 June 1982, and BOT immediately gave oral notice of appeal. (The formal written judgment was signed 7 June 1982.) BOT did not file the record in this Court until 3 November 1982, some 155 days after judgment. Ordinarily the violation of the 150 day requirement would deprive the aggrieved party of his right to appeal and we…

2Cases cited4 opinions

  1. North Carolina State Highway Commission v. NucklesSupreme Court of North Carolina · 1967
  2. Little v. LittleCourt of Appeals of North Carolina · 1970
  3. Department of Transportation v. HarkeySupreme Court of North Carolina · 1983
  4. State v. WardCourt of Appeals of North Carolina · 1983

3Cited by1 opinion

  1. Dep't of Transp. v. BB & R, LLCCourt of Appeals of North Carolina · 2015

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