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Civil Practice – Appeals – Untimely Notice – Entry & Service of Order

Civil Practice – Appeals – Untimely Notice – Entry & Service of Order

Where the trial court entered its equitable distribution order on Friday, 4 February 2022 and where, on Wednesday, 9 February 2022, plaintiff served defendant with a copy of the order by first-class mail, plaintiff served defendant within three business days. Accordingly, the deadline for defendant to file notice of appeal was 30 days after entry of the order (N.C. R. App. P. 3(c)(1)), not 30 days after she was served with notice (N.C. R. App. 3(c)(2)). Consequently, defendant’s 11 March 2022 notice of appeal was untimely filed.

Appeal dismissed.

Thiagarajan v. Jaganathan (Lawyers Weekly No. 011-088-23, 6 pp.) (Valerie Zachary, J.) Appealed from Wake County District Court (Rashad Hauter, J.) McKenzie Canty for plaintiff; John Kirby for defendant. North Carolina Court of Appeals

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