F. E. Davis Plumbing Co. v. Ingleside West Associates

HEDRICK, Judge.

Assuming that the order dated 25 March, 1977, is interlocutory and non-appealable, we treat the appeal as a petition for a writ of certiorari and allow the same in order to dispose of the matter on its merits.

The trial judge’s authority to impose sanctions for failure to make discovery is derived from G.S. 1A-1, Rule 37 of the North Carolina Rules of Civil Procedure, which in pertinent part provides the following:(b) Failure to Comply With Order.(2) Sanctions by Court in Which Action is Pending. — If a party or an officer, director, or managing agent of a party or a person…