Smith v. Smith

Defendant assigns error to the conclusion of the trial court that he failed to comply with the provisions of Rule 3 and Rule 26 of the Rules of Appellate Procedure. Under App. R. 3 and G.S. 1-279, appeal from a judgment or order in a civil action must be taken within ten days from its entry. The requirement of timely filing and service of notice of appeal is jurisdictional, and unless the requirements of both G.S. 1-279 and the Rules of Appellate Procedure are met, the appeal must be dismissed. Giannitrapani v. Duke University, 30 N.C. App. 667, 228 S.E.2d 46 (1976). Rule 3(a) of the Rules of Appellate Procedure provides in pertinent part: