Ives v. Real-Venture, Inc.

PARKER, Judge.

The first issue before this Court is whether the court below erred in dismissing defendants’ appeal as untimely. For judgments entered prior to 1 July 1989, Rule 3 of the N.C. Rules of Appellate Procedure requires that written notice of “appeal from a judgment or order in a civil action or special proceeding must be [given] within 10 days after its entry.” Rule 3(c), N.C. Rules App. Proc. General Statute 1A-1, Rule 58 provides:

Upon a jury verdict that a party shall recover only a sum certain or costs or that all relief shall be denied or upon a decision by the judge in open…