An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA02-1061


Filed: 18 March 2003


v .                         Wake County
                            No. 01 CVS 2791

    Appeal by plaintiff from order entered 18 April 2002 by Judge Donald Stephens in Wake County Superior Court. Heard in the Court of Appeals 19 February 2003.

    Jerome P. Reimann, pro se.

    Moore & Van Allen, PLLC, by Andrew B. Cohen and Catherine Crowell Pavur, for defendants-appellees.

    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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