A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).

NO. COA01-741


Filed: 6 August 2002


v .                         Forsyth County
                            No. 98 CVS 6848

    Appeal by plaintiff and cross-appeal by defendant from order entered 24 November 1999 by Judge Peter M. McHugh; from order entered 1 December 2000 by Judge L. Todd Burke; and from order entered 13 December 2000 by Judge Russell G. Walker, Jr., in Superior Court, Forsyth County. Heard in the Court of Appeals 20 May 2002.

    Herman L. Stephens for plaintiff-appellant.

    Adams, Kleemeier, Hagan, Hannah & Fouts, by Margaret Shea Burnham, for defendant-appellee.

    McGEE, Judge.

    Plaintiff initiated this breach of contract claim against defendant by filing an application and order extending time to file a complaint on 27 July 1998. Plaintiff subsequently filed an amended complaint. Savers Life Insurance Company (defendant) filed an answer and counterclaim, and plaintiff filed a reply. Defendant filed a motion to dismiss and motions for summary judgment on 1 November 1999. Plaintiff filed a motion for partial summary judgment seeking to dismiss defendant's counterclaim. The partiesfiled affidavits and other discovery materials in support of their motions for summary judgment.     
    Following a hearing on 15 November 1999, the trial court granted in part defendant's motion for summary judgment, dismissing all plaintiff's claims except two paragraphs of count one of plaintiff's complaint. The trial court certified the order for immediate appeal and both parties entered notice of appeal; however, neither party perfected their appeal.
    The remaining two issues were calendered for the trial court session beginning 4 December 2000. Defendant filed a motion for sanctions against plaintiff on 16 November 2000, and the trial court granted the motion by dismissing one of the remaining two claims of plaintiff's complaint on 1 December 2000. The sole remaining issue of plaintiff's complaint was dismissed in an order entered 13 December 2000. Plaintiff filed a second notice of appeal on 16 January 2001.
    N.C.R. App. P. 3(c) requires that an "[a]ppeal from a judgment or order in a civil action or special proceeding must be taken within 30 days after its entry." In the case before us, plaintiff was required to file his notice of appeal not later than 12 January 2001 in order to timely appeal from the last order entered in this matter. Plaintiff filed his appeal on 16 January 2001, making his notice of appeal four days late pursuant to N.C.R. App. P. 3(c). Plaintiff's notice of appeal from the prior two orders consequently was also untimely.
    Compliance with N.C.R. App. P. 3(c) is jurisdictional, andfailure to file timely notice of appeal requires dismissal of the appeal. Crowell Constructors, Inc. v. State ex rel. Cobey, 328 N.C. 563, 402 S.E.2d 407 (1991); see Bailey v. State, 353 N.C. 142, 540 S.E.2d 313 (2000). We are cognizant of our Supreme Court's determination in Anderson v. Hollifield, 345 N.C. 480, 480 S.E.2d 661 (1997), that our Court has the authority under N.C.R. App. P. 21(a)(1) to exercise our discretion to review the merits of an appeal, even if the party has failed to file timely notice of appeal, by treating the appeal as a writ of certiorari. There is, however, no compelling reason to do so after a careful review of the record in this case. We dismiss plaintiff's appeal for violation of N.C.R. App. P. 3(c).    
    Appeal dismissed.
    Judges McCULLOUGH and SMITH concur.
    Report per Rule 30(e).

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