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OXENDINE v. CATAWBA CTY. DEPT. OF SOCIAL SERVICES

No. 8025SC280.

272 S.E.2d 417 (1980)

Hayden P. OXENDINE and wife, Dorothy W. Oxendine v. CATAWBA COUNTY DEPARTMENT OF SOCIAL SERVICES.

Court of Appeals of North Carolina.

December 2, 1980.

Attorney(s) appearing for the Case

Rudisill & Brackett by J. Richardson Rudisill, Jr., Hickory and Chambers, Stein, Ferguson & Becton by John W. Gresham and Adam Stein, Charlotte, for plaintiffs-appellants.

Sigmon & Sigmon by W. Gene Sigmon, and Thomas W. Warlick, Newton, for defendant-appellee.

MORRIS, Chief Judge.

This case presents for decision one major issue and several ancillary issues. The key issue is whether it was proper for Superior Court Judge Ferrell to enter his interlocutory order consolidating plaintiffs' custody action and plaintiffs' petition for adoption for hearing in the superior court. Judge Ferrell heard defendants' motion for consolidation and issued his order out of term and out of session.

G.S. 1A-1, Rule 42(a) authorizes...

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