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VS Products Inc John Stach

If not taken by oral notice as provided in Rule 3(a)(1), appeal from a judgment or order in a civil action or special proceeding must be taken within 10 days after its entry. N.C.R.App.P. 3(a), (c) (1989). N.C.G.S. 1-279 was virtually identical to Rule 3. It is undisputed that plaintiff did not give oral notice of appeal on 17 January 1989. Under Rule 3, he thus was required to file written notice of appeal within ten days of entry of judgment. Plaintiff filed notice of appeal on 6 April 1989, the date the trial court signed the written order. The determinative issue, then, is whether entry of judgment occurred upon the oral pronouncement of the court's determination on the custody issue on 17 January 1989, or upon the signing of the written order on 6 April 1989.

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VS Products Inc John Stach

VS Products Inc John Stach

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