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49 N.C. App. 462

Johnson v. Garwood

Court of Appeals of North Carolina

Decided November 4, 1980

Court of Appeals of North Carolina · decided 1980-11-04

Relies on Tridyn Industries, Inc. v. American Mutual Insurance · 41 N.C. App. 184 - Unigard Carolina Insurance v. Dickens

Good law ✅— No negative treatment on recordhow we know

Decided 1980-11-04

How this case has been cited

Cited by 3 later decisions — most recently June 2001

3 state decisions

10198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ARNOLD, Judge.

¶1By this purported appeal we are again presented with an attempt to appeal from an order granting a new trial solely as to the issue of damages. Such an order is interlocutory and there is no immediate right of appeal. Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E. 2d 443 (1979).

¶2While G.S. l-277(a) provides that “[a]n appeal may be taken from every judicial order or determination .. . which grants or refuses a new trial,” this Court has observed that an order granting only a partial new trial is not subject to immediate appellate review. Insurance Co. v. Dickens, 41 N.C. App. 184, 254 S.E. 2d 197 (1979). Defendant may not appeal from the order directing a new trial solely on the issue of damages.

¶3Appeal dismissed.

Judges Hedkick and Hill concur.
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