An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA02-1339


Filed: 7 October 2003

(Formerly LENG),

v .                         Buncombe County
                            No. 99 CVD 5042

    Appeal by plaintiff from an order entered 24 June 2002 by Judge Peter L. Roda in Buncombe County District Court. Heard in the Court of Appeals 16 September 2003.

    Carol B. Andres, for plaintiff-appellant.

    The Moore Law Firm, by Jennifer W. Moore, for defendant- appellee.

    LEVINSON, Judge.

    This case arises from a denial of plaintiff's motion to dismiss defendant's appeal of an equitable distribution judgment disposing of the marital property accumulated during the parties' short marriage.
    The equitable distribution judgment was entered on 6 December 2001. Defendant filed a Notice of Appeal on 7 January 2002. On 22 January 2002 defendant filed a Request for Transcript and a Request for Duplicate Copy of Verbatim Audio Court Record. More than sixty days passed without the defendant filing for an extension of time or producing a transcript. On 22 May 2002, plaintiff filed aMotion to Dismiss Appeal, which the trial court denied. Plaintiff alleges that the trial court erred in denying her motion.
    The standard of review for a district court's denial of a motion to dismiss an appeal is whether the trial court abused its discretion. Harvey v. Stokes, 137 N.C. App. 119, 124, 527 S.E.2d 336, 339 (2000). Our decision in the instant case is guided by the principles in Harvey. We discern no abuse of discretion on the part of the trial court judge.
    Judges WYNN and TYSON concur.
    Report per Rule 30(e).    

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