Burton v. Phoenix Fabricators and Erectors, Inc.
Supreme Court of North Carolina
Burton v. Phoenix Fabricators and Erectors, Inc., 661 S.E.2d 242 (N.C. 2008)
Burton v. Phoenix Fabricators and Erectors, Inc.
Opinion of the Court
Finding that the order of the trial court denying defendant's motion to dismiss affects a substantial right and will work injury if not *243corrected before final judgment, we allow defendant's Petition for Discretionary, Review for the sole purpose of remanding the matter to the Court of Appeals for consideration of the merits. Defendant's Alternative Petition for Writ of Certiorari is denied.
By order of the Court in Conference, this 10th day of April, 2008,
Reference
- Full Case Name
- Jacinda BURTON, Administratrix of the Estate of Michael C. Burton v. PHOENIX FABRICATORS AND ERECTORS, INC. and DAVIS, MARTIN, POWELL & ASSOCIATES, INC. Donna Davis, Administratrix of the Estate of Charles M. Davis v. Phoenix Fabricators and Erectors, Inc. and Davis, Martin, Powell & Associates, Inc.
- Status
- Published