JEMM, LLC v. Crawford (Lawyers Weekly No. 13-16-0068, 14 pp.) (Anne Marie Calabria, J.) Appealed from Guilford County Superior Court (Patrice A. Hinnant, J.) N.C. App.
Holding: Where a party seeking appeal fails to provide notice of the appeal to every party in the case, in violation of Rule 3 of the N.C. Rules of Appellate Procedure, the appeal is dismissed for lack of jurisdiction.
In this case, involving the default of three defendants on a promissory note, notice of appeal of the trial court’s decision was made to the plaintiff but not to one of the other defendants. Failure to serve all parties violates Rule 3 and amounts to a nonjurisdictional defect.
On cross-appeal, plaintiff sought attorney fees, guaranteed under a default provision in the promissory note and also guaranteed by statute. The trial court failed to award attorney fees. The case is remanded for award of attorneys fees in the amount of 15 percent of the outstanding balance on the note.
Dismissed in part and remanded in part.