Court of Appeals of North Carolina, 1978

Ervin R. Davis Realty, Inc. v. City of High Point

Ervin R. Davis Realty, Inc. v. City of High Point
Court of Appeals of North Carolina · Decided April 18, 1978 · Parker, Vaughn, Webb
242 S.E.2d 895; 36 N.C. App. 154; 1978 N.C. App. LEXIS 2426 (South Eastern Reporter, Second Series)

Ervin R. Davis Realty, Inc. v. City of High Point

Opinion

PARKER, Judge.

A pretrial order declaring certain evidence admissible or inadmissible is indeterminate and subject to later modification. Knight v. Power Co., 34 N.C. App. 218, 237 S.E. 2d 574 (1977). The same is true of a pretrial order purporting to fix what the rule of damages should be at the trial. Green v. Insurance Co., 250 N.C. 730, 110 S.E. 2d 321 (1959). Such orders are not immediately appealable. 1 Strong’s N.C. Index 3rd, Appeal and Error, § 6.9.

Appeal dismissed.

Judges VAUGHN and WEBB concur.

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