Court of Appeals of North Carolina, 1979

Pack v. Jarvis

Court of Appeals of North Carolina · Decided April 17, 1979 · No. 7821SC519 · Harry C. Martin

253 S.E.2d 496; 40 N.C. App. 769; 1979 N.C. App. LEXIS 2341 (South Eastern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Leonard v. Johns-Manville Sales Corp. (N.C. Ct. App. 1982)
First Union National Bank v. Olive (N.C. Ct. App. 1979)

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

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.