WESTWOOD INDUSTRIES, INC.,
v. Catawba County
No. 01 CVS 2552
AESTHETIC, INC., ENTEVOR AB,
KATHY FALK, and LENNART FALK,
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.
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).
Judges MCGEE and LEVINSON concur.
Report per Rule 30(e).
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