Rule 59 also governs the grounds for motions for new trials. The
same grounds that govern amendment of judgment also govern the court's ability to
grant a new trial under rule 59. Whether moving for a new trial or to amend judgment,
your motion must be served no later than ten days after entry of the judgment. N.C.
Rule of Civ. Pro. 52(b), (e) (2007).
Appeals to the N.C. Court of Appeals must be filed within
timeframes established by the North Carolina Rules of Appellate Procedure. N.C.G.S.
§1-279.1 (2007). That time frame is within thirty days of entry of the judgment as per
N.C. Rule of Civ. Pro. 58. N.C. Rule App. Pro. 3(c) (2007). (Remember that you do not
get an additional three days time to file your appeal if service of the order is made upon
you by mail under the explicit language of Appellate Rule 3.)
It has been over 6 months. So, according to NC law, a reversal is impossible at this point.
Lawyer (JD)
Practing General Attorney, Professor and Lecturer of law for two decades