Magazian v. Creagh, 234 N.C. App. 511 (2014)

  • Pursuant to N.C.R. App. P. 3(c)(1),a notice of appeal must be filed within 30 days after entry of the judgment if the party was served with the judgment within 3 days.  Under G.S. 1A-1, Rule 6(a), the three day period does not include weekends and court holidays.
  • Email is not a valid method of service, but actual notice is a substitute for service.
  • Plaintiff received actual notice within 3 day period of entry of judgment (weekends do not count); therefore, notice of appeal must have been filed within 30 days of the entry of the judgment, not 30 days from receipt of notice.  The time to appeal expired on October 21.
  • Facts:  Order was entered on Friday, September 20, 2013.  Plaintiff received actual notice of order by email on Wednesday, September 25, 2013. Plaintiff filed notice of appeal on Friday, October 25, 2013.


Civil Cases with Application to Child Welfare
Calculating Time
Click on a term below for additional case summaries tagged with the same term.