ATKINSON v. TARHEEL HOMES & REALTY CO.

No. 723DC172.

188 S.E.2d 703 (1972)

14 N.C. App. 638

Euel ATKINSON v. TARHEEL HOMES & REALTY CO., Inc.

Court of Appeals of North Carolina.

May 24, 1972.


Attorney(s) appearing for the Case

David T. Greer, Greenville, for plaintiff appellee.

Gaylord & Singleton by A. Louis Singleton, Greenville, for defendant appellant.


MORRIS, Judge.

Defendant's appeal is premature under the provisions of Rule 4, Rules of Practice in the Court of Appeals of North Carolina. We have, however, chosen to treat the appeal as a petition for certiorari which we have granted and proceed to discuss the matter on the merits.

Decision in this matter is governed by G.S. § 1A-1, Rule 3 and G.S. § 1A-1, Rule 6(b), hereinafter referred to as Rule 3 and Rule 6(b). Rule 3 provides that:

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