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Simmons; v. Edwards

North Carolina Court of Appeals
Feb 1, 1969
165 S.E.2d 345 (N.C. Ct. App. 1969)

Opinion

No. 682SC317

Filed 5 February 1969

Appeal and Error 39, 44 — failure to aptly docket appeal and file brief Appeal is dismissed for failure to file a brief within the time required by Rule 28 and for failure to docket the appeal within the time prescribed by Rule 5.

APPEAL by plaintiff from Cohoon, J., April 1968 Session Superior Court of TYRRELL.

Jones, Jones and Jones by L. Bennett Gram, Jr., for plaintiff appellant.

Bailey and Bailey by Carl L. Bailey, Jr., for defendant appellee.


This is a civil action to recover damages for personal injuries sustained as the result of an automobile collision.

At the close of plaintiff's evidence, defendant moved for a judgment as of nonsuit. The motion was allowed, and plaintiff appeals.


Appellant has failed to comply with Rule 28 of the Rules of Practice in the Court of Appeals of North Carolina by his failure to file his brief within the time required. Defendant, in apt time, before the brief was filed, and in accordance with Rule 28, moved to dismiss the appeal. On the day after appellant filed his brief, he filed a petition for extension of time for filing brief to and including the day the brief was actually filed. In addition to noncompliance with Rule 28, appellant also failed to comply with Rule 5 in that he did not docket his appeal in this Court within the time prescribed. For failure to comply with the Rules of Practice in this Court, the appeal is dismissed. Despite these circumstances, we have examined the record and the evidence presented and we find no error in the ruling of the trial tribunal.

Appeal dismissed.

MALLARD, C.J., and CAMPBELL, J., concur.


Summaries of

Simmons; v. Edwards

North Carolina Court of Appeals
Feb 1, 1969
165 S.E.2d 345 (N.C. Ct. App. 1969)
Case details for

Simmons; v. Edwards

Case Details

Full title:RUSSELL G. SIMMONS v. LEON EDWARDS

Court:North Carolina Court of Appeals

Date published: Feb 1, 1969

Citations

165 S.E.2d 345 (N.C. Ct. App. 1969)
165 S.E.2d 345

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