Britt v. Allen

PARKER, Judge.

Plaintiffs contend it was error for the superior court to dismiss their action because our Supreme Court had directed that the case “be remanded to the superior court for a trial de novo.” Britt v. Allen, 291 N.C. at 639, 231 S.E. 2d at 614. In making this contention, plaintiffs mistake the import of the Supreme Court’s directive. That directive did not render the Rules of Civil Procedure inapplicable to the further proceedings in this case. For plaintiffs to be entitled to a jury trial, it was still necessary that their action be sufficient to withstand defendant’s motions for…