JEROME P. REIMANN,
Plaintiff,
v
.
Wake County
No. 01 CVS 2791
RESEARCH TRIANGLE INSTITUTE
AND, DR. VICTORIA F. HAYNES,
Defendants.
Jerome P. Reimann, pro se.
Moore & Van Allen, PLLC, by Andrew B. Cohen and Catherine
Crowell Pavur, for defendants-appellees.
PER CURIAM
Plaintiff filed notice of appeal with this Court on 30 May
2002, from an order entered by Judge Donald Stephens on 18 April
2002. Notice of appeal must be filed within 30 days after entry of
an order or judgment in order to vest this Court with jurisdiction.
N.C. R. App. P. 3(c) (2002); L. Harvey and Son Co. v. Shivar, 83
N.C. App. 673, 675, 351 S.E.2d 335, 336 (1987). The notice of
appeal is untimely filed pursuant to N.C. Rule 3(c) of Appellate
Procedure.
Judge Stephens' 18 April 2002 order struck a prior mediation
order as issued in error and directed the clerk to close the file.
Although this is the last order of record entered on the matter,plaintiff's assignments of error relate to the dismissal of
plaintiff's complaint with prejudice by Judge Orlando F. Hudson,
Jr. on 10 December 2001. Plaintiff filed a Rule 59(e) motion to
amend the judgment on 17 December 2001, but took no further action
to calendar the motion for hearing. Plaintiff contends that this
motion tolls the period for notice of appeal.
We hold that Judge Stephens' order of 18 April 2002 was the
final judgment in the case, and that his order to close the file
was, in effect, a denial of plaintiff's Rule 59(e) motion.
Plaintiff filed his notice of appeal 42 days after entry of
judgment. Because the notice of appeal is a threshold
jurisdictional issue, we dismiss the appeal as untimely filed.
N.C. R. App. P. 3(c) (2002); L. Harvey and Son Co. v. Shivar, 83
N.C. App. at 675, 351 S.E.2d at 336 (1987).
Appeal dismissed.
Panel consisting of Judges MCCULLOUGH, TYSON, and CALABRIA.
Report per Rule 30(e).
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