Upchurch v. Upchurch

BRITT, Judge.

APPEAL FROM 30 DECEMBER 1976 ORDER

Defendant contends that the trial court had no authority to enter the 30 December 1976 order. The contention has merit.

A final order was entered by the court on 29 November 1976. Defendant gave notice of appeal from the order and the court set the appeal bond on 6 December 1976. Thereupon, the trial court was divested of jurisdiction except to settle the record on appeal. Wiggins v. Bunch, 280 N.C. 106, 184 S.E. 2d 879 (1971); Collins v. Collins, 18 N.C. App. 45, 196 S.E. 2d 282 (1973). For that reason the 30 December 1976 order is vacated.

APPEAL…