Jacobs v. City of Asheville

HORTON, Judge.

The City contends the trial court erred in determining that the provision of the Asheville Civil Service law providing for a jury trial de novo is constitutional, and also erred in determining that plaintiff’s complaint does state a claim for which relief may be granted. The order entered by the trial court was clearly interlocutory. However, we have previously held that an order denying a motion for a jury trial is appealable because it deprives the appellant of a substantial right. In re Ferguson, 50 N.C. App. 681, 274 S.E.2d 879 (1981). Our Supreme Court has ruled that an…