An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA05-220

NORTH CAROLINA COURT OF APPEALS

Filed: 18 October 2005

ARTHUR O. ARMSTRONG,
    Plaintiff,

         v.                        Wilson County
                                No. 03 CVS 01939
NINA RUTH KNIGHT,
BESSIE JONES, and MARJORIE
EVANS,
    Defendants.

    Appeal by Plaintiff from order entered 15 February 2005 by Judge W. Russell Duke, Jr. in Superior Court, Wilson County. Heard in the Court of Appeals 3 October 2005.

    Arthur O. Armstrong, pro se, plaintiff-appellant.

    Majorie Evans, for defendant-appellees, no brief filed.

    WYNN, Judge.

    Plaintiff appeals from an order entered 15 February 2005, by Judge W. Russell Duke, Jr. The notice of appeal in the record indicates service of the notice on 16 February 2005, but does not contain a “filed” stamp indicating filing in the office of the clerk of superior court. Assuming, arguendo, the notice of appeal was indeed filed in a timely fashion, we nonetheless must dismiss the appeal because the record on appeal has not been settled in accordance with the provisions of Rule 11 of the North Carolina Rules of Appellate Procedure. Higgins v. Town of China Grove, 102 N.C. App. 570, 571, 402 S.E.2d 885, 886 (1991). The day after serving notice of appeal, Plaintiff filed the record on appeal inthis Court. The record on appeal does not contain any statement signed by the appellee showing that the record has been settled by agreement of the parties, a notice of approval of the record, or an order settling the record on appeal. Plaintiff filed the record well before expiration of the time allotted by Rule 11(b) of the North Carolina Rules of Appellate Procedure for settlement of the record on appeal by lack of objection by the appellee.
    Additionally, Plaintiff failed to include any assignments of error in the record on appeal in violation of Rules 9(a)(1)(k) and 10(c) of the North Carolina Rules of Appellate Procedure.
    Appeal dismissed.
    Judges CALABRIA and JACKSON concur.
    Report per Rule 30(e).

*** Converted from WordPerfect ***