Kaczala v. Richardson

VAUGHN, Judge.

In their brief appellees state that the question now before thig court is whether, on the earlier appeal, the court intended to and did in fact grant plaintiff and third party defendant, appellant in that case a partial new trial — limited to appellant’s claims.

The opinion of this court on that appeal concludes as follows:

“We deem it unnecessary to discuss the other assignments of error brought forward in appellants’ brief as the points raised may not occur upon a retrial of this action.

For the reasons stated, appellants are awarded a

New trial.” Kaczala v. Richardson, 18 N.C.…