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GODSEY v. POE

No. 7726SC641.

245 S.E.2d 522 (1978)

36 N.C. App. 682

C. Wayne GODSEY and Ron DePaolis v. William E. POE, Dr. Carlton G. Watkins, Phillip O. Berry, William H. Booe, Thomas B. Harris, Julia Maulden, Sam S. McNinch, III, Jane Scott, C. D. Spangler, Jr., Individually and as members of the Charlotte-Mecklenburg Board of Education, a public body corporate and the Charlotte-Mecklenburg Board of Education, a public body corporate.

Court of Appeals of North Carolina.

June 20, 1978.

Attorney(s) appearing for the Case

Paul L. Whitfield, Charlotte, for plaintiffs appellees.

Weinstein, Sturges, Odom, Bigger & Jonas, by William W. Sturges, Charlotte, for defendants appellants.

Fleming, Robinson & Bradshaw, by Russell M. Robinson, II, Charlotte, for defendant appellant, A. Ward McKeithen.

HEDRICK, Judge.

The order of 19 July 1973 which the defendants allegedly violated was not appealed. Therefore, since the trial court was empowered to issue such an order, the parties were bound thereby even if it is later found to be based on a misinterpretation of the law. Dissatisfaction with an order should be expressed through appeal, not by open defiance. Massengill v. Lee, 228 N.C. 35, 44 S.E.2d 356 (1947); Elder v. Barnes, 219 N.C. 411, 14 S.E...

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