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North Carolina v. Fox

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eBook details

  • Title: North Carolina v. Fox
  • Author : Supreme Court of North Carolina
  • Release Date : January 31, 1970
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

We deal first with defendant Juanita Myers argument that the trial courts denial of plaintiffs motion for summary judgment against her is not appealable. The denial of summary judgment is interlocutory in nature and not appealable under G.S. 1-277 and G.S. 7A-27, unless a substantial right of one of the parties would be affected if the appeal were not heard prior to final judgment. Motyka v. Nappier, 9 N.C. App. 579, 176 S.E.2d 858 (1970). The record does not reveal that any such substantial right is involved in the present case. Accordingly, we hold that plaintiffs appeal as to defendant Juanita Myers should be dismissed.


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