Bunting v. Bunting

Judge Greene

dissenting.

I

I disagree with the majority’s conclusion that the defendant’s appeal must be dismissed because defendant failed to file a timely notice of appeal. The majority premises its conclusion upon what I believe to be an incorrect determination that entry of the trial court’s order occurred on 18 September 1989, the date the order was allegedly signed by the judge. “[T]he date of entry of judgment ‘does not depend on the date of formal signing ....’” Stachlowski v. Stack, 98 N.C. App. 668, 669, 391 S.E.2d 849, 850 (1990). Instead, the date of entry is determined by Rule 58 of…