Burton v. Phoenix Fabricators and Erectors, Inc.

Supreme Court of North Carolina

Burton v. Phoenix Fabricators and Erectors, Inc.

661 S.E.2d 242

CourtSupreme Court of North Carolina

DecidedApril 10, 2008

DocketNo. 447P07.

StatusPublished

This text of 661 S.E.2d 242 (Burton v. Phoenix Fabricators and Erectors, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burton v. Phoenix Fabricators and Erectors, Inc., 661 S.E.2d 242 (N.C. 2008).

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Opinion

Finding that the order of the trial court denying defendant's motion to dismiss affects a substantial right and will work injury if not *243corrected before final judgment, we allow defendant's Petition for Discretionary, Review for the sole purpose of remanding the matter to the Court of Appeals for consideration of the merits. Defendant's Alternative Petition for Writ of Certiorari is denied.

By order of the Court in Conference, this 10th day of April, 2008,

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Finding that the order of the trial court denying defendant's motion to dismiss affects a substantial right and will work injury if not *243corrected before final judgment, we allow defendant's Petition for Discretionary, Review for the sole purpose of remanding the matter to the Court of Appeals for consideration of the merits. Defendant's Alternative Petition for Writ of Certiorari is denied.

By order of the Court in Conference, this 10th day of April, 2008,

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Bluebook (online)

661 S.E.2d 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-phoenix-fabricators-and-erectors-inc-nc-2008.