Anderson v. Hollifield

*429EAGLES, Judge.

We note first that there are numerous rule violations by plaintiff in this case. In our discretion, however, “we treat the purported appeal as a petition for writ of certiorari and pass upon the merits of the questions raised.” State v. SanMiguel, 74 N.C. App. 276, 277-78, 328 S.E.2d 326, 328 (1985) (citing N.C. R. App. P. 21 (1988)).

Plaintiff first argues that the trial court erred in failing to set aside the jury’s verdict on issue number two as against the greater weight of the evidence. We agree. Denial of a motion to set aside the verdict is within the trial court’s…