Hayes v. Browne

JOHNSON, Judge.

At the outset, we note that plaintiffs appeal is from an interlocutory order imposing sanctions for failure to complete discovery. Nevertheless, we choose to exercise our discretion and pass on the merits of plaintiffs appeal from the dismissal of the action. See, Routh v. Weaver, 67 N.C. App. 426, 428, 313 S.E. 2d 793, 795 (1984).

Plaintiffs first assignment of error is that the trial court lacked authority to dismiss the action. G.S. 1A-1, Rule 37(d) North Carolina Rules of Civil Procedure provides in pertinent part:

If a party . . . fails to serve answers to interrogatories…