National Fruit Product Co. v. Justus

MCCRODDEN, Judge.

The record on appeal in this case contains no certificate showing service of defendant’s notice of appeal from the trial court. In Hale v. Afro-American Arts International, 110 N.C. App. 621, 430 S.E.2d 457 (1993), a panel of this Court held that when the record on appeal does not contain the certificate showing service of the notice of appeal, as required by N.C.R. App. P. 26(d), this Court obtains no jurisdiction over the appeal. At oral argument in this case, however, plaintiff’s counsel acknowledged that defendant properly served it with the notice of appeal. We elect,…