Taylor v. Askew

BROCK, Judge.

Petitioners assign as error the action of the Court in failing to determine the issue of whether petitioners had adequate means of ingress and egress, and in remanding the cause to the Clerk to have additional parties joined and hear the matter de novo.

G.S. 136-68 provides that “[f] rom any final order or judgment in said special proceeding, any interested party may appeal to the superior court for trial de novo. ...” The order of the Clerk that petitioners’ action be dismissed was certainly a “final order” within the meaning of the statute. Dailey v. *388Bay, 215 N.C. 652, 3 S.E. 2d…