Johnson v. Petree

Under our rules an appeal from an order striking allegations contained in the pleadings is generally not proper. If a party believes that such an order is prejudicial to him, he may petition this Court for a writ of certiorari within thirty days from the date of the entry of the order. Rule 4(b), Rules of Practice in the Court of Appeal's of North Carolina. “However when an order is entered allowing a motion to strike in its entirety a further answer or defense, or an order is entered allowing a motion to strike an entire cause of action set up in a pleading, the order amounts to the granting…