Byrd v. Alexander

BROCK, Chief Judge.

The record on appeal in this case was certified by the clerk of superior court on 3 September 1976. App. R. 12(a) requires that appellant shall file the record on appeal in the appellate division within ten days after certification by the clerk of the trial tribunal. The record on appeal in this case was filed in the Court of Appeals on 1 October 1976, more than ten days after certification.

Perhaps it is well to repeat again what was said in Ledwell v. County of Randolph, 31 N.C. App. 522, 229 S.E. 2d 836 (1976), and In re Allen, 31 N.C. App. 597, 230 S.E. 2d 423 (1976):

“The…