LENTZ v. GARDIN

No. 71.

241 S.E.2d 508 (1978)

DeVere C. LENTZ, Jr., Administrator of the Estate of Thad Clayton Roberts, Jr. v. Roy B. GARDIN, Administrator of the Estate of Lorene Lillard Roberts.

Supreme Court of North Carolina.

March 7, 1978.


Attorney(s) appearing for the Case

Lentz & Ball, P. A. by Ervin L. Ball, Jr., Asheville, for plaintiff-appellee.

Morris, Golding, Blue & Phillips by William C. Morris, Jr., Asheville, for defendant-appellant.


SHARP, Chief Justice.

We allowed defendant's petition for discretionary review of the Court of Appeals' decision that defendant was entitled to a new trial only on the issue of damages. In his new brief filed in this Court, plaintiff presented for review pursuant to N.C. App.R. 16(a), the correctness of the order of the Court of Appeals awarding defendant a new trial on the issue of damages.

Of defendant's assignments of error we consider only those...

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