Amodeo v. Beverly

Court of Appeals of North Carolina

Amodeo v. Beverly

184 S.E.2d 922, 13 N.C. App. 244, 1971 N.C. App. LEXIS 1215

CourtCourt of Appeals of North Carolina

DecidedDecember 15, 1971

DocketNo. 713SC631

StatusPublished

Cited by2 cases

This text of 184 S.E.2d 922 (Amodeo v. Beverly) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amodeo v. Beverly, 184 S.E.2d 922, 13 N.C. App. 244, 1971 N.C. App. LEXIS 1215 (N.C. Ct. App. 1971).

Pincite

Opinion

VAUGHN, Judge.

Ordinarily an appeal does not lie from an interlocutory order and particularly from a pre-trial order. Green v. Insurance Co., 250 N.C. 730, 110 S.E. 2d 321. However, because the purported pre-trial order in the present case amounts to summary judgment against plaintiff on at least one of the issues, we treat plaintiff’s appeal as a petition for certiorari which is hereby allowed. Defendants had not moved for summary judgment and plaintiff had no notice that such was being considered. The “pretrial opinion” filed 25 May 1970 is hereby vacated and the cause is remanded to the Superior Court of Craven County.

Vacated and remanded.

Judges Brock and Britt concur.

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VAUGHN, Judge.

Ordinarily an appeal does not lie from an interlocutory order and particularly from a pre-trial order. Green v. Insurance Co., 250 N.C. 730, 110 S.E. 2d 321. However, because the purported pre-trial order in the present case amounts to summary judgment against plaintiff on at least one of the issues, we treat plaintiff’s appeal as a petition for certiorari which is hereby allowed. Defendants had not moved for summary judgment and plaintiff had no notice that such was being considered. The “pretrial opinion” filed 25 May 1970 is hereby vacated and the cause is remanded to the Superior Court of Craven County.

Vacated and remanded.

Judges Brock and Britt concur.

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Bluebook (online)

184 S.E.2d 922, 13 N.C. App. 244, 1971 N.C. App. LEXIS 1215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amodeo-v-beverly-ncctapp-1971.

Opinion

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