Kirkman v. Wilson
Kirkman v. Wilson
Opinion of the Court
This appeal is not authorized and we dismiss it. It is from an interlocutory order denying a motion to dismiss plaintiffs’ action and a substantial right is not affected. Oestreicher v. American National Stores, Inc., 290 N.C. 118, 225 S.E. 2d 797 (1976). That the trial judge amended the order to state that it is a “final Judgment” did not change its nature, Tridyn Industries, Inc. v. American Mutual Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979), and make appealable what is clearly not appealable under the provisions of G.S. 1-277 and G.S. 7A-27. Fraser v. DiSanti, 75 N.C. App. 654, 331 S.E. 2d 217, disc. rev. denied, 315 N.C. 183, 337
Appeal dismissed.
Reference
- Full Case Name
- ROY L. KIRKMAN and wife, LULA B. KIRKMAN, CLINTON (NMI) KIRKMAN and wife, ANN LYVONNE KIRKMAN, and JAMES E. KIRKMAN (Unmarried) v. ADDIE WILSON (Widow), ZENO M. EVERETTE, JR. and wife, CAROL H. EVERETTE, ERNEST F. BOYD and wife, SYBIL E. BOYD, BRENDA H. MANNING, LOUIS EARL TOLER and wife, JOYCE D. TOLER, LINWOOD EARL BRAXTON and wife, EARLINE BRAXTON, ELVIRA JOHNSON (Widow), RICHARD D. JEWELL and wife, PATSY JOHNSON JEWELL, and MARIE H. WISE (Widow), Defendants ERNEST F. BOYD and wife, SYBIL E. BOYD, BRENDA H. MANNING, LOUIS EARL TOLER and wife, JOYCE D. TOLER, LINWOOD EARL BRAXTON and wife, EARLINE BRAXTON, ELVIRA JOHNSON (Widow), and RICHARD D. JEWELL and wife, PATSY JOHNSON JEWELL, Third Party v. J. L. WILSON and wife, ADDIE WILSON, CORA LEE BAILEY and husband, DENNIS BAILEY, JIMMY MORRIS and wife, JANICE MARLENE MORRIS, DORIS EVELYN SADLER and husband, CLEM M. SADLER, BRITT ANNIE WARREN and husband, JAMES W. WARREN, DORA LEE SUMRELL and husband, WILLIAM H. SUMRELL, STEPHEN KITE and wife, JULIA LAURA KITE, GUY C. FORNES and wife, LENA FRANCES FORNES, JAMES S. DIXON and wife, AMANDA DIXON, CLAUDIS DIXON and wife, ADA MAE DIXON, OFFICE OF THE CLERK OF THE SUPERIOR COURT OF CRAVEN COUNTY, NORTH CAROLINA and CRAVEN COUNTY, NORTH CAROLINA, by and through its Board of Commissioners, Third Party Defendants and DORIS EVELYN (SADLER) FORREST, DORA LEE SUMRELL and husband, WILLIAM H. SUMRELL and BRITT ANNIE WARREN, Additional Third Party v. CRAVEN COUNTY and FIREMAN'S FUND INSURANCE COMPANIES, Additional Third Party
- Cited By
- 2 cases
- Status
- Published