Stansell v. LoRusso

Summary

The North Carolina Business Court dismissed Jody Stansell’s appeal from a final judgment because he did not timely file the notice of appeal with the clerk of superior court and incorrectly directed the appeal to the North Carolina Court of Appeals rather than the North Carolina Supreme Court. The court held that it was required to strictly construe Appellate Rule 3 and lacked discretion to allow the noncompliant appeal to proceed.

Holdings

1. When an appeal has not been docketed with the appellate court, the trial court retains jurisdiction to determine whether the notice of appeal was timely and properly filed.
2. A notice of appeal must be filed with the clerk of superior court within thirty days after entry of judgment; failure to comply with those requirements makes the appeal subject to dismissal.
3. An appeal from a final judgment in a case designated as a mandatory complex business case must be taken to the North Carolina Supreme Court, not the North Carolina Court of Appeals.

Questions Presented

1. Whether the Business Court retained jurisdiction to determine whether Plaintiff timely and properly filed his notice of appeal when the appeal had apparently not been docketed in the appellate court.
2. Whether the appeal was valid when Plaintiff failed to file the notice of appeal with the clerk of superior court within thirty days after entry of judgment.
3. Whether an appeal from a final judgment in a mandatory complex business case must be taken to the North Carolina Supreme Court rather than the North Carolina Court of Appeals.
4. Whether the appeal should be dismissed for noncompliance with North Carolina Appellate Rule 3 and N.C.G.S. § 7A-27(a).

Disposition

dismissed