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MOTYKA v. NAPPIER

No. 7010SC563.

176 S.E.2d 858 (1970)

Karen Marie MOTYKA, Minor, Frances Wanda Motyka, Minor, Ann Allen, Minor, and Richard Allen, Minor, by their next friend, Leata Allen Barnes v. J. H. NAPPIER, Individually and as Executor of the Will of Ralph Allen, Deceased.

Court of Appeals of North Carolina.

October 21, 1970.

Attorney(s) appearing for the Case

Liles & Merriman, by John W. Liles, Jr., and Harris, Poe, Cheshire & Leager, by Samuel R. Leager, Raleigh, for plaintiffs appellees.

T. Yates Dobson, Jr., Smithfield, for defendant appellant.

CAMPBELL, Judge.

We are of the opinion that this represents a fragmentary appeal which is improper and therefore must be dismissed.

Rule 4 of the Rules of Practice in the Court of Appeals provides:

"The Court of Appeals Will Not Entertain an Appeal:

(a) From an order overruling a demurrer except when the demurrer is interposed as a matter of right for misjoinder of parties and causes of action...

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