Landreth v. Salem Properties

Court of Appeals of North Carolina

Landreth v. Salem Properties

330 S.E.2d 58, 75 N.C. App. 196, 1985 N.C. App. LEXIS 3610

CourtCourt of Appeals of North Carolina

DecidedJune 4, 1985

DocketNo. 8421DC1247

StatusPublished

This text of 330 S.E.2d 58 (Landreth v. Salem Properties) 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

Landreth v. Salem Properties, 330 S.E.2d 58, 75 N.C. App. 196, 1985 N.C. App. LEXIS 3610 (N.C. Ct. App. 1985).

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Opinion

WEBB, Judge.

Although neither party has raised a question as to the ap-pealability of the Court’s order we should dismiss the appeal on our own motion if it is not appealable. Metcalfe v. Palmer, 46 N.C. App. 622, 265 S.E. 2d 484 (1980). We believe we are bound by Met-calfe to dismiss the appeal in this case. In Metcalfe this Court dismissed as premature an appeal from an order setting aside a judgment dismissing a case for the plaintiffs failure to prosecute. The only difference between that case and this one is that in this case the Court amended a judgment rather than setting it aside. We believe this is a distinction without a difference.

Appeal dismissed.

Chief Judge HEDRICK and Judge WHICHARD concur.

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WEBB, Judge.

Although neither party has raised a question as to the ap-pealability of the Court’s order we should dismiss the appeal on our own motion if it is not appealable. Metcalfe v. Palmer, 46 N.C. App. 622, 265 S.E. 2d 484 (1980). We believe we are bound by Met-calfe to dismiss the appeal in this case. In Metcalfe this Court dismissed as premature an appeal from an order setting aside a judgment dismissing a case for the plaintiffs failure to prosecute. The only difference between that case and this one is that in this case the Court amended a judgment rather than setting it aside. We believe this is a distinction without a difference.

Appeal dismissed.

Chief Judge HEDRICK and Judge WHICHARD concur.

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Bluebook (online)

330 S.E.2d 58, 75 N.C. App. 196, 1985 N.C. App. LEXIS 3610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landreth-v-salem-properties-ncctapp-1985.

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