Elks v. Hannan

PHILLIPS, Judge.

At the threshold of this appeal, we are confronted with the fact that whether the order appealed from is deemed to be an order of mistrial, as the record states, or an order for a new trial, as we believe, it was certainly a discretionary order, interlocutory in nature, that was not immediately appealable. G.S. 1-277; G.S. 7A-27. Nevertheless, because of the posture that the case is in and its unusual circumstances, we have decided, as the law permits, to treat the appeal as a petition for certiorari and determine the issue raised now, rather than later. G.S. 7A-32(c).

As…