FRANDER v. BOARD OF TRANSP

No. 8212SC1150.

311 S.E.2d 308 (1984)

Robert FRANDER and wife, Virgie Frander v. BOARD OF TRANSPORTATION.

Court of Appeals of North Carolina.

February 7, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen., James B. Richmond, Raleigh, for defendant-appellant.

Nance, Collier, Herndon & Ciccone by James R. Nance, Sr. and James R. Nance, Jr., Fayetteville, for plaintiffs-appellees.


JOHNSON, Judge.

We note initially that defendant has failed to comply with Rule 12(a) of Rules of Appellate Procedure, which requires filing of the record on appeal no later than 150 days after giving notice of appeal. The trial judge announced his decision in open court on 1 June 1982, and BOT immediately gave oral notice of appeal. (The formal written judgment was signed 7 June 1982.) BOT did not file the record in this Court until 3 November 1982, some 155 days...

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