BOWEN v. HODGE MOTOR CO.

No. 7518DC989.

224 S.E.2d 699 (1976)

29 N.C. App. 463

James F. BOWEN and James G. Bowen, by his guardian ad litem, James F. Bowen v. HODGE MOTOR COMPANY.

Court of Appeals of North Carolina.

May 19, 1976.


Attorney(s) appearing for the Case

Bencini, Wyatt, Early & Harris by A. Doyle Early, Jr., High Point, for plaintiffs-appellees.

Henson, Donahue & Elrod by Richard L. Vanore, Greensboro, for defendant-appellant.


CLARK, Judge.

The defendant contends that (1) the district court had no jurisdiction after directing the verdict for defendant on 31 July 1975 and plaintiff gave notice of appeal to thereafter order a voluntary dismissal without prejudice, and (2) the district court was in error in granting the voluntary dismissal after directed verdict.

The general rule is that an appeal takes the case out of the jurisdiction of the trial court. Exceptions to the general...

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