Thorn v. Parkland Chevrolet Co.
Thorn v. Parkland Chevrolet Co.
Opinion of the Court
This North Carolina diversity action had its origin in an accident that occurred on the maiden voyage of Claude Bryant’s brand new Chevy II. On his way home from the automobile dealer’s
We conclude that the appeals should be dismissed. The appellate jurisdiction of this court is limited to review of final judgments of the district courts, 28 U.S.C. § 1291, save for a few narrowly defined exceptions, not here present. It is well settled that the grant of a new trial is an interlocutory order and is not appealable. Atlantic Coast Line Railroad v. Sonenshine, 226 F.2d 220 (1955).
Furthermore, General Motors’ suggestion, treated' as a petition for “one of the extraordinary writs,” must also be denied. The final judgment rule cannot be avoided by this expedient. Atlantic Coast Line Railroad v. Sonenshine, 226 F.2d 220, 221 (1955); Southern Ry. Co. v. Madden, 224 F.2d 320 (4th Cir. 1955).
Appeals dismissed and Petition denied.
Reference
- Full Case Name
- Jenelyn THORN and Jenelyn Thorn, Ancillary Administratrix of the Estate of Merle E. Thorn v. PARKLAND CHEVROLET COMPANY, Inc., Appellant Jenelyn THORN and Jenelyn Thorn, Ancillary Administratrix of the Estate of Merle E. Thorn v. GENERAL MOTORS CORPORATION
- Cited By
- 4 cases
- Status
- Published