26 N.C. App. 689
Court of Appeals of North Carolina
Decided August 6, 1975
Court of Appeals of North Carolina · decided 1975-08-06
Appeal by plaintiffs from Cowper, Judge. Judgment entered 19 December 1974 in Superior Court, Chowan County. Heard in the Court of Appeals 28 May 1975. The facts of this case are set out more fully in the companion cases, Howard v. Boyce, No. 751SC121, and Overton v. Boyce, No. 751SC261, filed this day. In Howard v. Boyce, supra, plaintiffs in the instant case appealed from an order issued 14 November 1974 denying their motions to set aside a prior judgment.
Relies on Wiggins v. Bunch
Decided 1975-08-06
¶1When an appeal is pending the trial court is functus officio. It has no authority to issue further orders in the case. Wiggins v. Bunch, 280 N.C. 106, 184 S.E. 2d 879 (1971). Consequently, ' plaintiffs’ appeal from the November 14 order precluded the subsequent entry of summary judgment against them. The December 19 judgment therefore must be vacated- and the cause remanded for proceedings in accordance with our opinions in cases No. 751SC121 and 751SC261.
¶2Vacated and remanded.