{
  "id": 11219648,
  "name": "U. BRENT MASTIN, Guardian ad Litem for minor child, DEREK BRENT MASTIN, Plaintiff v. JACKSON GRIFFITH AND WIFE, KATHY GRIFFITH, Defendants; BRENT MASTIN AND DEBBIE MASTIN, Plaintiffs v. JACKSON GRIFFITH AND WIFE, KATHY GRIFFITH, Defendants",
  "name_abbreviation": "Mastin v. Griffith",
  "decision_date": "1999-05-18",
  "docket_number": "No. COA98-432",
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          "page": "737"
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  "last_updated": "2023-07-14T19:41:36.377256+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges MARTIN and HUNTER concur."
    ],
    "parties": [
      "U. BRENT MASTIN, Guardian ad Litem for minor child, DEREK BRENT MASTIN, Plaintiff v. JACKSON GRIFFITH AND WIFE, KATHY GRIFFITH, Defendants BRENT MASTIN AND DEBBIE MASTIN, Plaintiffs v. JACKSON GRIFFITH AND WIFE, KATHY GRIFFITH, Defendants"
    ],
    "opinions": [
      {
        "text": "TIMMONS-GOODSON, Judge.\nU. Brent Mast\u00edn instituted an action on behalf of his minor son, Brent, against Jackson and Kathy Griffith (defendants) for personal injuries allegedly caused by defendants\u2019 negligence. In addition, Mr. Mast\u00edn and his wife, Debbie Mast\u00edn, (plaintiffs) filed a complaint against defendants to recover medical expenses incurred as a result, of their son\u2019s injuries. The cases were consolidated for trial and came on for hearing at the 1 September 1997 civil session of Wilkes County Superior Court. At the close of plaintiffs\u2019 evidence, defendants moved for a directed verdict. The trial court granted the motion, and plaintiffs appeal.\nInitially, we must examine whether we have jurisdiction to entertain the present appeal. Because the record indicates that the order allowing defendants\u2019 motion for directed verdict has not been entered, this Court lacks jurisdiction and the appeal must be dismissed.\nUnder Rule 58 of the North Carolina Rules of Civil Procedure, \u201ca judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk of court.\u201d N.C. Gen. Stat. \u00a7 1A-1, Rule 58 (Cum. Supp. 1997). \u201cAnnouncement of judgment in open court merely constitutes \u2018rendering\u2019 of judgment, not entry of judgment.\u201d Abels v. Renfro Corp., 126 N.C. App. 800, 803, 486 S.E.2d 735, 737, disc. review denied, 347 N.C. 263, 493 S.E.2d 450 (1997). \u201cEntry of judgment by the trial court is the event which vests jurisdiction in this Court.\u201d In re Estate of Walker, 113 N.C. App. 419, 420, 438 S.E.2d 426, 427 (1994). Thus, an order may not properly be appealed until it is entered. Id.\nThe record in the instant case contains a draft of the order allowing defendants\u2019 motion for directed verdict, but the order was never signed by the trial judge or filed with the clerk. Therefore, entry has not occurred, and we are without jurisdiction to consider the merits of this appeal. Accordingly, plaintiffs\u2019 appeal is\nDISMISSED.\nJudges MARTIN and HUNTER concur.",
        "type": "majority",
        "author": "TIMMONS-GOODSON, Judge."
      }
    ],
    "attorneys": [
      "Vannoy, Colvard, Triplett, McLean & Vannoy, by Jay Vannoy and Howard C. Colvard, Jr., for plaintiff s-appellants.",
      "Willardson, Lipscomb & Beal, LLP, by John S. Willardson, for defendants-appellees."
    ],
    "corrections": "",
    "head_matter": "U. BRENT MASTIN, Guardian ad Litem for minor child, DEREK BRENT MASTIN, Plaintiff v. JACKSON GRIFFITH AND WIFE, KATHY GRIFFITH, Defendants BRENT MASTIN AND DEBBIE MASTIN, Plaintiffs v. JACKSON GRIFFITH AND WIFE, KATHY GRIFFITH, Defendants\nNo. COA98-432\n(Filed 18 May 1999)\nAppeal and Error\u2014 jurisdiction of appellate court \u2014 directed verdict not signed or filed\nAn appeal to the Court of Appeals was dismissed where the record contained a draft of the directed verdict order from which plaintiffs appealed, but the order was never signed by the trial judge or filed with the clerk. Entry of judgment by the trial court is the event which vests jurisdiction in the Court of Appeals, and entry occurs when a judgment is reduced to writing, signed by the judge, and filed with the clerk of court. Announcement of the judgment in open court merely constitutes rendering of judgment, not entry.\nAppeal by plaintiffs from order rendered 2 September 1997 by Judge Ronald E. Bogle in Wilkes County Superior Court. Heard in the Court of Appeals 17 February 1999.\nVannoy, Colvard, Triplett, McLean & Vannoy, by Jay Vannoy and Howard C. Colvard, Jr., for plaintiff s-appellants.\nWillardson, Lipscomb & Beal, LLP, by John S. Willardson, for defendants-appellees."
  },
  "file_name": "0345-01",
  "first_page_order": 375,
  "last_page_order": 376
}