Town of Davidson v. Stough

After the parties had offered evidence to support their respective contentions, but before all the evidence had been offered, petitioner asked leave to withdraw its appeal. The court denied the motion, and petitioner assigns this ruling as error.

When an appeal has been perfected, appellant cannot withdraw it without first obtaining the consent of the appellate court. That court may allow or deny the motion in the exercise of its sound discretion. Cf. Ramsey v. R.R., 253 N.C. 230, 116 S.E. 2d 490, and McDowell v. Kure Beach, 251 N.C. 818, 112 S.E. 2d 390; S v. Grundler, 251 N.C. 177, 111 S.E.…