SAMIA v. BALLARD

No. 753SC74.

214 S.E.2d 222 (1975)

25 N.C. App. 601

John S. SAMIA and wife, Frances Samia v. A. J. BALLARD, Jr., Tire & Oil Company, Inc.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Beaman, Kellum & Mills by James C. Mills, New Bern, for plaintiffs-appellees.

Dunn & Dunn by Raymond E. Dunn, New Bern, for defendant-appellant.


ARNOLD, Judge.

A threshold question presented by this case is whether an order denying motion for directed verdict following a mistrial is appealable. We conclude that it is not appealable and that it is therefore subject to dismissal.

In a majority of jurisdictions which have considered this question, absent statutory provision to the contrary, orders of this kind have been held nonappealable. The decisions are primarily based on the reasoning that such orders...

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