An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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

NO. COA04-1422


Filed: 19 July 2005


         v.                        Catawba County
                                No. 01 CVS 2552

    Appeal by defendant Entevor AB from order rendered 22 June 2004 by Judge Marcus L. Johnson in the Superior Court in Catawba County. Heard in the Court of Appeals on 20 June 2005.

    Patrick, Harper & Dixon, L.L.P., by Stephen M. Thomas and Michael P. Thomas, for plaintiff-appellee.

    Harris & Winfield, L.L.P., by James B. Trachtman, for defendant-appellant.

    HUDSON, Judge.

    Plaintiff instituted this action on 27 July 2001 seeking to recover the amount due on a debt allegedly owed to it by defendant Aesthetic, Inc. and guaranteed by defendants Entevor AB, Kathy Falk and Lennart Falk. Defendant Entevor AB filed a motion to dismiss the action against it on the ground of lack of personal jurisdiction. Judge Marcus L. Johnson conducted a hearing on the motion on 22 June 2004 and at the conclusion of the hearing, ruled in open court against defendant Entevor AB. On the same date defendant Entevor AB filed notice of appeal from Judge Johnson's ruling denying its motion to dismiss.    For this Court to acquire jurisdiction, an order must be entered. Abels v. Renfro Corp., 126 N.C. App. 800, 803, 486 S.E.2d 735, 737 (1997). Entry of an order occurs when an order is reduced to writing, signed by the judge, and filed with the clerk. Id. at 803, 486 S.E.2d at 738. Although the court in the case at bar announced its decision in open court, thereby constituting rendering of an order, Kirby Building Systems v. McNiel, 327 N.C. 234, 239-40, 393 S.E.2d 827, 830 (1990), reh'g denied, 328 N.C. 275, 400 S.E.2d 453 (1991), no written order signed by the judge and filed with the clerk appears in the record on appeal. The absence of such written order giving this Court jurisdiction mandates that the appeal be dismissed. Searles v. Searles, 100 N.C. App. 723, 726, 398 S.E.2d 55, 57 (1990).
    Appeal dismissed.
    Judges MCGEE and LEVINSON concur.
    Report per Rule 30(e).

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