Wilson v. Bob Robinson's Auto Service, Inc.

CAMPBELL, Judge.

Bob Robinson’s contends that this appeal is premature and should be dismissed since under G.S. 1A-1, Rule 54, no final judgment has been entered. Motions to that effect have been filed. However, in Gillikin v. Mason, 256 N.C. 538, 124 S.E. 2d 541 (1962), the Supreme Court reviewed the allowance of a motion for nonsuit in a case involving a mistrial. Bob Robinson’s contention that the trial court’s orders allowing the motions in the case at bar are binding in the trial de novo but that the plaintiff and Southwest have no present right of appeal as to those orders is not…