Elmore v. Elmore

The first question raised by this appeal is whether the original appeal was properly dismissed.

Procedurally, this appeal is governed by Roberts v. Stewart and Newton v. Stewart, 3 N.C. App. 120, 164 S.E. 2d 58. That case clearly states that an order enlarging the time to serve the case on appeal, made subsequent to the order at the time of appeal, is entered without authority, the appeal having been removed to the Court of Appeals at that point. As in the Roberts case, this appeal is limited to a consideration of the record proper and a determination as to whether error appears on the face of…