Atkinson v. Tarheel Homes & Realty Co.

MORRIS, Judge.

Defendant’s appeal is premature under the provisions of Rule 4, Rules of Practice in the Court of Appeals of North Carolina. We have, however, chosen to treat the appeal as a petition for certiorari which we have granted and proceed to discuss the matter on the merits.

Decision in this matter is governed by G.S. 1A-1, Rule 3 and G.S. 1A-1, Rule 6(b), hereinafter referred to as Rule 3 and Rule 6(b). Rule 3 provides that:

A civil action may also be commenced by the issuance of a summons when(1) A person makes application to the court stating the nature and purpose of his action and…