State v. Williams, 725 S.E.2d 7

On 4 September 2009, Williams was charged with operating a motor vehicle under impairment and with an open container; International Fidelity Ins. Co. and Beasley Bail Bonding Co. issued a $1,500 appearance bond.
On 10 March 2010 Williams failed to appear; bond forfeiture occurred and a warrant for arrest was issued.
On 22 March 2010 a bond forfeiture notice was issued and the forfeiture became a final judgment on 19 August 2010.
Surety paid the total forfeiture before the close of business on 19 August 2010 but continued searching and surrendered Williams to the Craven County Sheriff on 19 August 2010 at 9:40 p.m.
On 20 August 2010 Surety filed a Motion to Set Aside Forfeiture and Petition for Remission; the trial court granted partial remission on 14 February 2011 under N.C. Gen. Stat. § 15A-544.8(b)(2); Surety timely appealed on 25 February 2011.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Calculation of the 150-day deadline under 15A-544.5(d).	Surety argues the period extends to 11:59 p.m. when courthouse is closed.	Williams contends the period ends when the courthouse closes; no extension.	Statute is clear; no extension for after-hours; deadline not extended.
Whether the trial court abused its discretion in partial remission under 15A-544.8(b)(2).	Surety contends full remission warranted due to extraordinary circumstances.	Williams contends the court must provide a full remission given extraordinary circumstances; remedy limited by discretion.	Court did not abuse discretion; partial remission affirmed; no basis to reverse without legal support.
Whether the Board's challenge to remission was properly preserved for review.	Board argues an alternative basis for relief exists.	Board did not preserve issue; no cross-appeal; improper for review.	Board's argument not preserved; Court lacks authority to consider.
Whether the Board may attack the judgment on remission without proper preservation.	Board seeks review of remission under an alternative basis.	Not properly preserved; cannot review as такой.	Affirmed; remedies upheld and issues not properly preserved.

State v. Robertson, 166 N.C.App. 669, 603 S.E.2d 400 (2004) (exclusive avenue for relief from forfeiture before final judgment is § 15A-544.5)
In Re Proposed Assessments v. Jefferson-Pilot, 161 N.C.App. 558, 589 S.E.2d 179 (2003) (statutory interpretation governs timing and extensions)
Largent, 197 N.C.App. 614, 677 S.E.2d 514 (2009) (statutory interpretation; plain meaning governs)
Citizens Addressing Reassignment & Educ., Inc. v. Wake Cty. Bd. of Educ., 182 N.C.App. 241, 641 S.E.2d 824 (2007) (appeals posture; not to create an appeal for an appellant)
Viar v. N.C. Dep't of Transp., 359 N.C. 400, 610 S.E.2d 360 (2005) (administrative discretion and review standards)
CDC Pineville, LLC v. UDRT of N.C., LLC, 174 N.C.App. 644, 622 S.E.2d 512 (2005) (preservation of issues on appeal)