Legal Opinion

Wood v. City of Fayetteville

Court of Appeals of North Carolina

Decided April 4, 1978No. 7712SC166PublishedCited by 3 opinions

1Opinion of the Court

MITCHELL, Judge.

At the outset, we must determine whether an appeal will lie from the interlocutory order of 19 October 1976 granting the mo tion to intervene. It has long been the general rule in this jurisdiction that an order granting the right of intervention is not appealable, as any of the original parties may appeal from an adverse decision granting the intervenor relief on the merits. Bennett v. Shelton, 117 N.C. 103, 23 S.E. 95 (1895). Obviously the rule was based upon the fact that, in such situations, procedural economy commands that an appeal be permitted only from a final adverse…

2Cases cited6 opinions

  1. Burgess v. TrevathanSupreme Court of North Carolina · 1952
  2. Gammon v. . JohnsonSupreme Court of North Carolina · 1900
  3. Simon v. Raleigh City Board of Education Ex Rel. Board of TrusteesSupreme Court of North Carolina · 1963
  4. Bennett v. SheltonSupreme Court of North Carolina · 1895
  5. Bennett v. . SheltonSupreme Court of North Carolina · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kahan v. LongiottiCourt of Appeals of North Carolina · 1980
  2. Brookshire Ex Rel. Brookshire v. RetzMissouri Court of Appeals · 2003
  3. Clark v. ClarkCourt of Appeals of North Carolina · 1979

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