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FIRST-CITIZENS BANK & TRUST v. R & G CONST.

No. 743DC853.

210 S.E.2d 97 (1974)

24 N.C. App. 131

FIRST-CITIZENS BANK & TRUST COMPANY v. R & G CONSTRUCTION COMPANY.

Court of Appeals of North Carolina.

December 4, 1974.

Attorney(s) appearing for the Case

Ward, Tucker, Ward & Smith, P. A., by Michael P. Flanagan, New Bern, for plaintiff appellee.

DeLaney, Millette & DeArmon by Ernest S. DeLaney, Jr., Charlotte, for defendant appellant.

HEDRICK, Judge.

As a general rule an order setting aside or refusing to set aside an entry of default where judgment has not been entered is not a final order and is, therefore, not appealable. Annot., 8 A.L.R.3d 1272, 1278 (1966), 4 Am.Jur.2d, Appeal and Error, § 127 (1962).

Judge Phillips' order of 25 June 1973 is in no sense a final judgment. It is, at most, an entry of default, "an interlocutory act looking toward the subsequent entry of a final judgment...

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