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Civil Practice – Appeals – Missing File Stamp – Service on Defendant

Plaintiff’s notice of appeal in the record has not been file-stamped. This is a jurisdictional defect because this court cannot determine if the notice of appeal was timely filed.

Appeal dismissed.

In addition, judgment was entered on 7 December 2018, but the only proof the defendant-SBI may have received a copy of the notice of appeal is a certificate of service showing plaintiff served the SBI with the proposed record on appeal, which contained a copy of the notice of appeal. Even if that would have been a sufficient manner of service of the notice of appeal, plaintiff did not serve the proposed record on appeal until 16 April 2019. This was well past the 30-day time limit for giving service of notice, and is therefore a violation of N.C. R. App. P. 3.

State v. Guarscio (Lawyers Weekly No. 012-108-20, 3 pp.) (John Arrowood, J.) Appealed from Durham County Superior Court (Orlando Hudson, J.) Tammera Hill for the state; John Michael Guarascio, pro se. N.C. App. Unpub.

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