Opinion
No. 806DC1079
Filed 19 May 1981
Appeal and Error 39.1 — appeal dismissed for failure to docket in time Appeal is dismissed where the record on appeal was filed in the appellate court more than 150 days after the notice of appeal was given in violation of Appellate Rule 12(a).
APPEAL by respondent from Williford, Judge. Judgment entered 21 May 1980 in District Court, HERTFORD County. Heard in the Court of Appeals 5 May 1981.
Cherry, Cherry and Flythe, by Larry S. Overton, for the petitioner appellees.
Attorney General Edmisten, by Assistant Attorney General Henry T. Rosser and Associate Attorney Blackwell M. Brogden, Jr., as amicus curiae.
Carter W. Jones for respondent appellant.
Judge MARTIN (Harry C.) dissenting.
The judgment from which this appeal was taken was entered 21 May 1980. Notice of appeal was given on 23 May 1980. The record on appeal was filed in this Court on 11 November 1980 which was more than 150 days after the notice of appeal was given in violation of Appellate Rule 12(a). The time within which to file the record on appeal has not been extended by this Court. The appeal will be
Dismissed.
Judge WELLS concurs.
Judge MARTIN (Harry C.) dissents.