# Cobb v. Rocky Mount Board of Education

> Court of Appeals of North Carolina · May 7, 1991 · 102 N.C. App. 681

URL: https://www.frixlaw.com/law-library/cases/9854378

## Case

- **Full name:** MARVIN E. COBB, Petitioner-Appellant v. ROCKY MOUNT BOARD OF EDUCATION, Respondent-Appellee
- **Court:** Court of Appeals of North Carolina
- **Decided:** May 7, 1991
- **Citations:** 102 N.C. App. 681; 403 S.E.2d 538; 1991 N.C. App. LEXIS 490
- **Precedential status:** Published
- **Opinion:** Dissent by Wells
- **Judges:** Greene, Wells
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9854378

## Opinion text

*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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9854378. Public record. Not legal advice.