Tridyn Industries, Inc. v. American Mutual Liability Insurance

HEDRICK, Judge.

Based on three exceptions duly noted in the record, plaintiff assigns as error Judge Collier’s Order dated 11 April 1979, allowing the defendant to amend its Answer to reassert the defense of lack of timely notice, and Judge Mills’ Judgment of 29 June 1979, allowing the defendant’s motion for summary judgment. We agree with plaintiff, for the reasons to follow, that both the Order and the Judgment were erroneously entered.

First, the actions of Judge Collier and Judge Mills contravene the well-established rule in this State that “no appeal lies from one Superior Court judge to…