Matter of Hayes

LEWIS, Judge.

The question before us concerns the timeliness of an appeal according to Rule 58, N.C.G.S. § 1A-1, Rule 58 (1990).

The case before us has a somewhat convoluted history. On 10 October 1989, the Department of Social Services (“D.S.S.”) petitioned the Iredell County District Court to terminate appellant’s custody and visitation rights for his three natural children, which was granted. The children were placed in the custody of D.S.S. and it appears to this Court that they remain there. Subsequently, the appellant was charged with the rape of his stepdaughter. Following a trial in…