Banner v. Hatcher

EAGLES, Judge.

Defendant purports to appeal the trial court’s grant of plaintiff’s motion pursuant to Rule 60(b) to vacate and set aside the trial court’s previous order of 26 January 1995. Although the issue is not raised by either party, we recognize that “[a]ppeals from such orders must be dismissed as interlocutory.” Braun v. Grundman, 63 N.C. App. 387, 388, 304 S.E.2d 636, 637 (1983) (citing Bailey v. Gooding, 301 N.C. 205, 209, 270 S.E.2d 431, 433-34 (1980)).

The trial court’s order of 22 September 1995 setting aside judgment and granting a new trial is not an appealable final order. See,…