Court of Appeals of North Carolina, 1978

Board of Transportation v. Gragg

Court of Appeals of North Carolina · Decided November 21, 1978 · Harry, Hedrick, Martin, Morris

38 N.C. App. 740; 248 S.E.2d 763; 1978 N.C. App. LEXIS 2321

Cases that cite this one

1 later published case cites this decision.

Lazenby v. Godwin (N.C. Ct. App. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HEDRICK, Judge.

A pretrial order declaring certain evidence admissible or inadmissible is indeterminate and subject to later modification. Knight v. Duke Power Co., 34 N.C. App. 218, 237 S.E. 2d 574 (1977); Davis Realty, Inc. v. City of High Point, 36 N.C. App. 154, 242 S.E. 2d 895 (1978). The same is true of a pretrial order purporting to fix what the rule of damages should be at the trial. Green v. Western & Southern Life Insurance Co., 250 N.C. 730, *742110 S.E. 2d 321 (1959). Such orders are not immediately ap-pealable. 1 Strong’s N.C. Index 3d, Appeal and Error, § 6.9.

Appeal dismissed.

Judges MORRIS and MARTIN (Harry C.) concur.

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