North Carolina National Bank v. Virginia Carolina Builders, Inc.
Court of Appeals of North Carolina
1Dissent
Chief Judge MORRIS
dissenting.
Plaintiff’s appeal should be dismissed. An order setting aside a default judgment is interlocutory and not immediately ap-pealable unless it affects a substantial right of the appellant and will work injury to him if not corrected before an appeal from final judgment. Bailey v. Gooding, 301 N.C. 205, 270 S.E. 2d 431 (1980). The purpose of this rule is “to prevent fragmentary and premature appeals that unnecessarily delay the administration of justice and to ensure that the trial divisions fully and finally dispose of the case before an appeal can be heard.” Id. at…
2Cases cited7 opinions
- Bailey v. GoodingSupreme Court of North Carolina · 1980
- Peebles v. MooreSupreme Court of North Carolina · 1981
- Bailey v. DavisSupreme Court of North Carolina · 1949
- Rich v. NORFOLK SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1956
- Holley v. Burroughs Wellcome Co.Court of Appeals of North Carolina · 1982
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