JIM WALTER HOMES, INC. v. PEARTREE

No. 742DC929.

211 S.E.2d 457 (1975)

24 N.C. App. 579

JIM WALTER HOMES, INC. v. Willie Herman PEARTREE.

Court of Appeals of North Carolina.

Certiorari Denied April 2, 1975.


Attorney(s) appearing for the Case

W. Faison Barnes, Charlotte, for plaintiff appellant.

John H. Harmon, New Bern, for defendant appellee.


Certiorari Denied by Supreme Court April 2, 1975.

BRITT, Judge.

Plaintiff's sole assignment of error is to the entry of the order granting a new trial. Plaintiff contends that the trial court did not have jurisdiction to enter the order since the case had been appealed to the Court of Appeals. We agree.

In Wiggins v. Bunch, 280 N.C. 106, 108, 184 S.E.2d 879, 880 (1971), we find:

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