Hale v. Afro-American Arts International, Inc.

A majority of the Court of Appeals on its own motion dismissed defendants’ appeal after the record on appeal had been served on the appellee and docketed without objection in the Court of Appeals and after all briefs had been duly filed. The basis for the dismissal was that while the record on appeal contained the proper notice of appeal, “[n]othing in the notice . . . shows that plaintiff was given notice of the appeal through service as required by [Appellate] Rule 26(b).” 110 N.C. App. 621, 623, 430 S.E.2d 457, 458. The majority concluded that this was a jurisdictional defect which both…