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THOMPSON v. TOWN & COUNTRY CONST. CO., INC.

No. 7817SC144.

249 S.E.2d 810 (1978)

39 N.C. App. 240

Charles W. THOMPSON and wife, Avis L. Thompson v. TOWN AND COUNTRY CONSTRUCTION COMPANY, INC.

Court of Appeals of North Carolina.

December 19, 1978.

Attorney(s) appearing for the Case

Malone, Johnson, Dejarmon & Spaulding by C. C. Malone, Jr. and Albert L. Willis, Dunham, for plaintiffs-appellees.

Folger & Folger by Larry Bowman, Mount Airy, for defendant-appellant.

CLARK, Judge.

Since it is apparent that the trial judge denied defendant's motion for directed verdict in anticipation of withdrawing a juror and declaring a mistrial, we will first determine whether the order declaring a mistrial is appealable.

An order declaring a mistrial is appealable only if the trial judge has "abused his discretion. See, Keener v. Beal, 246 N.C. 247, 98 S.E.2d 19

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