Harris v. Harris

WELLS, Judge.

The first issue to be addressed in this appeal is whether, after plaintiff gave notice of appeal, Judge Hair had jurisdiction to dismiss plaintiff’s appeal by order entered 20 July 1981. In support of her contention, plaintiff cites Wiggins v. Bunch, 280 N.C. 106, 184 S.E. 2d 879 (1971), reh. denied, 281 N.C. 317 (1972) and Sink v. Easter, 288 N.C. 183, 217 S.E. 2d 532 (1975), for the general proposition that an appeal takes the case out of the jurisdiction of the tribunal from which the appeal is taken. However, we find those cases to be inapposite.

One of the exceptions to the…