Keith v. Silvia

Conceding without deciding that the defendant’s appeal is not premature and fragmentary, we proceed to a discussion of the other question presented by this appeal. Were plaintiff’s exceptions to the referee’s report properly filed ?

When an appeal is certified to this Court, the Superior Court loses jurisdiction of all matters involved in the appeal until action is taken here and the opinion of this Court is certified back to the Superior Court. Hole v. Greyhound Corp., 227 N.C. 374, 42 S.E. 2d 407; Manufacturing Co. v. Arnold, 228 N.C. 375, 45 S.E. 2d 577; In re Puett’s Will, 229 N.C. 8, 47…