Oxendine v. Catawba County Department of Social Services

MORRIS, Chief Judge.

This case presents for decision one major issue and several ancillary issues. The key issue is whether it was proper for Superior *575Court Judge Ferrell to enter his interlocutory order consolidating plaintiffs’ custody action and plaintiffs’ petition for adoption for hearing in the superior court. Judge Ferrell heard defendants’ motion for consolidation and issued his order out of term and out of session.

G.S. 1A-1, Rule 42 (a) authorizes a superior court judge to order the consolidation of actions pending in both the superior and district court divisions of the same county…