Pack v. Jarvis

Court of Appeals of North Carolina

Pack v. Jarvis

253 S.E.2d 496, 40 N.C. App. 769, 1979 N.C. App. LEXIS 2341

CourtCourt of Appeals of North Carolina

DecidedApril 17, 1979

Docket7821SC519

StatusPublished

Cited by2 cases

This text of 253 S.E.2d 496 (Pack v. Jarvis) 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

Pack v. Jarvis, 253 S.E.2d 496, 40 N.C. App. 769, 1979 N.C. App. LEXIS 2341 (N.C. Ct. App. 1979).

Pincite

Opinion

MARTIN (Harry C.), Judge.

Defendants’ counsel concede in their brief and oral argument that the trial court expressly stated the order here appealed did not prohibit plaintiff from further proper discovery, without limitation.

The order of Judge Rousseau did not affect a substantial right of the plaintiff. The appeal is interlocutory, fragmentary and premature and should be dismissed. Stanback v. Stanback, 287 *770 N.C. 448, 215 S.E. 2d 30 (1975). The petition for certiorari is denied.

We note that by this process plaintiff has delayed further court proceedings in this case by more than a year.

Petition for certiorari denied. Appeal dismissed.

Judges VAUGHN and Erwin concur.

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