Legal Opinion
Motyka v. Nappier
Court of Appeals of North Carolina
Decided October 21, 1970No. 7010SC563PublishedCited by 16 opinions
1Opinion of the Court
CAMPBELL, Judge.
We are of the opinion that this represents a fragmentary appeal which is improper and therefore must be dimissed.
Rule 4 of the Rules of Practice in the Court of Appeals provides :
“The Court of Appeals Will Not Entertain an Appeal:(a) From an order overruling a demurrer except when the demurrer is interposed as a matter of right for mis-joinder of parties and causes of action. The movant may-enter an exception to the order overruling the demurrer and present the question thus raised to this Court on the final appeal; provided that when the demurrant conceives that the order…
2Cited by16 opinions
- Waters v. Qualified Personnel, Inc.Supreme Court of North Carolina · 1978
- Lamb v. Wedgewood South Corp.Supreme Court of North Carolina · 1983
- Shoffner Industries, Inc. v. W. B. Lloyd Construction Co.Court of Appeals of North Carolina · 1979
- Equitable Leasing Corp. v. MyersCourt of Appeals of North Carolina · 1980
- Chemical Bank v. BelkCourt of Appeals of North Carolina · 1979
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