Principal Mutual Life Insurance v. Burnup & Sims, Inc.

EAGLES, Judge.

Defendant appeals the district court’s denial of its motion to reinstate its appeal. We affirm.

Defendant’s appeal from the summary ejectment proceeding was dismissed pursuant to G.S. 7A-228(b) because defendant failed to pay the costs of court to appeal within 20 days after the entry of judgment. G.S. 7A-228(b) provides that, “Failure to pay the costs of court to appeal within 20 days after entry of judgment shall result in the automatic dismissal of the appeal.” (Emphasis added.) The statutory provisions regarding the costs of court to appeal are found in G.S. 7A-305.

Defendant…