Jennewein v. CITY COUNCIL OF CITY OF WILMINGTON

Court of Appeals of North Carolina

Jennewein v. CITY COUNCIL OF CITY OF WILMINGTON

264 S.E.2d 802, 46 N.C. App. 324, 1980 N.C. App. LEXIS 2800

CourtCourt of Appeals of North Carolina

DecidedApril 15, 1980

Docket795SC926

StatusPublished

Cited by6 cases

This text of 264 S.E.2d 802 (Jennewein v. CITY COUNCIL OF CITY OF WILMINGTON) 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

Jennewein v. CITY COUNCIL OF CITY OF WILMINGTON, 264 S.E.2d 802, 46 N.C. App. 324, 1980 N.C. App. LEXIS 2800 (N.C. Ct. App. 1980).

Pincite

Opinion

PARKER, Judge.

The order from which both petitioners and respondents have attempted to appeal is interlocutory. An appeal does not lie from an interlocutory order unless it affects some substantial right of the appellant and will work an injury to him if not corrected before an appeal from the final judgment. Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979); Veazey v. Durham, 231 N.C. 357, 57 S.E. 2d 377 (1950); Leak v. Covington, 95 N.C. 193 (1886); Auction Co. v. Myers, 40 N.C. App. 570, 253 S.E. 2d 362 (1979). The order in the present case remanded the case to the city council for hearing de novo. It did not affect a substantial right of either party which cannot be corrected upon appeal from final judgment without either party suffering injury in the meantime.

The attempted appeals are premature and are

Dismissed.

Chief Judge MORRIS and Judge WELLS concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PARKER, Judge.

The order from which both petitioners and respondents have attempted to appeal is interlocutory. An appeal does not lie from an interlocutory order unless it affects some substantial right of the appellant and will work an injury to him if not corrected before an appeal from the final judgment. Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979); Veazey v. Durham, 231 N.C. 357, 57 S.E. 2d 377 (1950); Leak v. Covington, 95 N.C. 193 (1886); Auction Co. v. Myers, 40 N.C. App. 570, 253 S.E. 2d 362 (1979). The order in the present case remanded the case to the city council for hearing de novo. It did not affect a substantial right of either party which cannot be corrected upon appeal from final judgment without either party suffering injury in the meantime.

The attempted appeals are premature and are

Dismissed.

Chief Judge MORRIS and Judge WELLS concur.

Cite This Page — Counsel Stack

Bluebook (online)

264 S.E.2d 802, 46 N.C. App. 324, 1980 N.C. App. LEXIS 2800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennewein-v-city-council-of-city-of-wilmington-ncctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack