First-Citizens Bank & Trust Co. v. R & G Construction Co.

HEDRICK, Judge.

As a general rule an order setting aside or refusing to sét aside an entry of default where judgment has not been entered is not a final order and is, therefore, not appealable. Annot., 8 A.L.R. 3d 1272, 1278 (1966) ; 4 Am. Jur. 2d, Appeal and Error, § 127 (1962).

Judge Phillips’ order of 25 June 1973 is in no sense a final judgment. It is, at most, an entry of default, “an interlocutory act looking toward the subsequent entry of a final judgment by default and is more in the nature of a formal matter. . . .” Whaley v. Rhodes, 10 N.C. App. 109, 111, 177 S.E. 2d 735, 736 (1970)…