Opinion · Court of Appeals of North Carolina

State v. Tilley

State v. Tilley, 18 N.C. App. 341 (N.C. Ct. App. 1973)

Type: Opinion
Court: Court of Appeals of North Carolina
Jurisdiction: North Carolina
Date: 1973-05-23
Topic: general

PARKER, Judge. The judgment appealed from was dated 26 October‘1972. The record on appeal was docketed in this Court on 22 March *3421973, which was more than ninety days after the date of the judgment appealed from. The record contains no order of the trial tribunal extending the time for docketing. For failure of appellant to docket the record within apt time as prescribed by the rules of this Court, this appeal is subject to dismissal.

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Cited by: 1 opinion

PARKER, Judge.

The judgment appealed from was dated 26 October‘1972. The record on appeal was docketed in this Court on 22 March *342 1973, which was more than ninety days after the date of the judgment appealed from. The record contains no order of the trial tribunal extending the time for docketing. For failure of appellant to docket the record within apt time as prescribed by the rules of this Court, this appeal is subject to dismissal. Rules 5 and 48, Rules of Practice in the Court of Appeals. James v. Greenway, Inc., 17 N.C. App. 156, 193 S.E. 2d 372; Lambert v. Patterson, 17 N.C. App. 148, 193 S.E. 2d 380; State v. Squires, 1 N.C. App. 199, 160 S.E. 2d 550.

Appeal dismissed.

Judges Campbell and Vaughn occur.