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

Court of Appeals of North Carolina·Decided April 17, 1979·No. 7821SC519·Published·Cited by 2 cases

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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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.

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

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Opinion

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