Mitchell v. Broadway
Mitchell v. Broadway
Opinion of the Court
This cause of action arose from allegations that defendant unlawfully cut timber on plaintiffs' property without their consent. The trial court granted partial summary judgment in favor of defendant James A. Broadway, resulting in the dismissal of plaintiffs' and third-party defendants' claim for double damages pursuant to
"`A grant of partial summary judgment, because it does not completely dispose of the case, is an interlocutory order from which there is ordinarily no right of appeal.'" Estate of Graham v. Morrison,
The trial court did not certify this matter for appeal pursuant to Rule 54(b). Furthermore, while appellants recite N.C. Gen. Stat. § 7A-27 as the grounds for appellate review, they make no argument asserting that the trial court's entry of partial summary judgment and denial of their motion for summary judgment affects a substantial right.
For these reasons, this appeal is dismissed as being interlocutory and not properly before this Court.
DISMISSED.
Judges CALABRIA and GEER concur.
Report per Rule 30(e).
Reference
- Full Case Name
- ED S. MITCHELL, JR., HATTIE B. MITCHELL, EVELYN M. SNEAD, ROSA M. SUTTON v. JAMES E. BROADWAY, t/a JAMES E. BROADWAY LOGGING, Defendant/Third-Party JAMES E. BROADWAY, d/b/a B&B LOGGING COMPANY v. DAL W. MITCHELL, DAL A. MITCHELL, EDNA MITCHELL, ED S. MITCHELL, JR., EVELYN M. SNEAD, ROSA M. SUTTON, WILLIAM P. MITCHELL, JR., EMMITT G. MITCHELL, AARON C. MITCHELL, EDNA M. WARNER, PRESTON MITCHELL, JR., CLIFTON MITCHELL, ANGELA M. COWELL, RACHEL M. LEE, MATTIE M. SPEIGHTS, WINIFRED NELSON, LIZZIE D. MITCHELL, CLIFFORD MITCHELL, RALPH W. MITCHELL, and WILLIAM M. MITCHELL, Third-Party
- Cited By
- 1 case
- Status
- Published