Ingle v. Allen

HILL, Judge.

I

Did the trial court err in dismissing plaintiffs appeal of the granting of summary judgment as to the defendant W. A. Johnson? The defendant W. A. Johnson contends the appeal by plaintiff must be taken within 10 days after entry of summary judgment on 29 November 1982 to comply with Rule 3 of the North Carolina Rules of Appellate Procedure and G.S. 1-279; that no objection or exception to summary judgment was made in apt time as required by G.S. 1A-1, Rule 46(b); and that the record on appeal was not filed in the office of the clerk of court and served on defendant W. A. Johnson…