In re Fitzgerald
This text of 89 S.E.2d 462 (In re Fitzgerald) 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.
Opinion
It is apparent that the appeal is premature. The question of the custody of the child has not been considered or determined. The order is interlocutory and no substantial right of the appellant has been affected. G.S. 1-271. DeBruhl v. Highway Com., 241 N.C. 616, 86 S.E. 2d 200.
Appeal dismissed.
The foregoing opinion was prepared by DeviN, Emergency Justice, while he was serving in place of Winborne, J., who was absent on account of his physical condition. It is now adopted by the Court and ordered filed.
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Cite This Page — Counsel Stack
89 S.E.2d 462, 242 N.C. 732, 1955 N.C. LEXIS 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fitzgerald-nc-1955.