Summary
ordering pursuant to Rule 25 that record on appeal be deemed timely filed for good cause shown
Summary of this case from Copper v. DenlingerOpinion
No. 95A01
Filed 20 July 2001
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 542 S.E.2d 222 (2001), dismissing as untimely filed the appeal from an order entered 5 March 1999 by Sitton, J., in Superior Court, Caldwell County. Heard in the Supreme Court 16 May 2001.
Kuehnert Bellas, PLLC, by Daniel A. Kuehnert, for plaintiff-appellants Dale E. Taylor, B.J. Fore, Dillard A. Brown, Thomas P. Deighton, James M. Floyd, Raymond Higgins, and Ricky E. Shehan.
Groome, Tuttle, Pike Blair, by Edward H. Blair, Jr., for defendant-appellee City of Lenoir.
Roy A. Cooper, Attorney General, by Alexander McC. Peters, Special Deputy Attorney General, for defendant-appellees Board of Trustees of the North Carolina Local Governmental Employees' Retirement System and its Individually Named Members or their Successors, Michael Williamson (successor to Dennis Ducker), Richard H. Moore (successor to Harlan E. Boyles), and the State of North Carolina.
Pursuant to Rule 25 of the North Carolina Rules of Appellate Procedure, the record on appeal is deemed timely filed for good cause shown by the plaintiffs. The opinion of the Court of Appeals dismissing the appeal is, therefore, vacated and this case is remanded to that court for determination of the issues on the merits.
VACATED AND REMANDED.