Opinion

Cobb v. Rocky Mount Board of Education

  • 102 N.C. App. 681
  • 403 S.E.2d 538
  • 1991 N.C. App. LEXIS 490
Court
Court of Appeals of North Carolina
Filed
May 7, 1991
Status
Published
Author
Wells
On the bench
Greene, Wells
Cited by
8 cases
Authority
More cited than 12.9%

The opinion

*687 Judge WELLS

dissenting.

Within the spirit of Stachlowski v. Stack, 328 N.C. 276 , 401 S.E.2d 638 (1991), on which the majority relies, I perceive that the spirit and purpose of Rule 58 of the North Carolina Rules of Civil Procedure will be better served in this case by affirming Judge Allsbrook’s order of dismissal of this appeal.

Judge Allsbrook, sitting in review of the Board of Education’s order, announced in open court his decision to deny plaintiff any relief and gave his reason for that decision. What remained to be done was the mere ministerial act of signing a written judgment reflecting that decision. His direction to counsel to draft such order or judgment was not a contrary direction to the clerk not to enter judgment on the minutes, as contemplated by Rule 58. In my opinion, entry of judgment took place on 2 April 1990 in open court, and for that reason, this appeal was not timely perfected.

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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