Opinion

Abbott v. Town of Highlands

  • 62 N.C. App. 130
  • 302 S.E.2d 280
  • 1983 N.C. App. LEXIS 2809
Court
Court of Appeals of North Carolina
Filed
May 3, 1983
Status
Published
Author
Webb
On the bench
Becton, Hedrick, Webb
Cited by
0 cases
Authority
More cited than 19.0%

The opinion

WEBB, Judge.

The only issue on this appeal concerns the effect of the 5 June 1980 stay order. Plaintiffs contend that the Town was without power to collect taxes on their property during the period the stay order was in effect because their land was not within the Town’s corporate boundaries until certification of the judgment on 14 September 1981. We disagree. G.S. 1-296 governs the effect of a stay order pending appeal. It provides as follows:

“Judgment not vacated by stay. — The stay of proceedings provided for in this article shall not be construed to vacate the judgment appealed from, but in all cases such judgment remains in full force and effect, and its lien remains unimpaired, notwithstanding the giving of the undertaking or *132 making the deposit required in this chapter, until such judgment is reversed or modified by the appellate division.”

The judgment in the instant case was neither reversed nor modified on appeal, there having been found no prejudicial error. Affirmation of the judgment by the appellate court dissolved the stay order and left the judgment in effect from its rendition on 5 June 1980. See In Re Griffin, 98 N.C. 225 , 3 S.E. 515 (1887). Since the judgment was in force from the time it was entered, the plaintiffs were liable for taxes during that period.

Affirmed.

Judges HEDRICK and Becton concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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