Johnson v. Garwood

Court of Appeals of North Carolina
Johnson v. Garwood, 49 N.C. App. 462 (1980)
271 S.E.2d 544; 1980 N.C. App. LEXIS 3396
Arnold, Hedkick, Hill

Johnson v. Garwood

Opinion of the Court

ARNOLD, Judge.

By this purported appeal we are again presented with an attempt to appeal from an order granting a new trial solely as to the issue of damages. Such an order is interlocutory and there is no immediate right of appeal. Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979).

While G.S. l-277(a) provides that “[a]n appeal may be taken from every judicial order or determination .. . which grants or refuses a new trial,” this Court has observed that an order granting only a partial new trial is not subject to immediate appellate review. Insurance Co. v. Dickens, 41 N.C. App. 184, 254 S.E. 2d 197 (1979). Defendant may not appeal from the order directing a new trial solely on the issue of damages.

Appeal dismissed.

Judges Hedkick and Hill concur.

Reference

Full Case Name
KENNETH H. JOHNSON v. WANDA B. GARWOOD and husband, JOHN GARWOOD PEGGY B. NEWSOM and husband, CHARLES NEWSOM KAYE B. MANN and husband, ROBERT LEWIS MANN
Cited By
4 cases
Status
Published