METCALF v. PALMER

No. 7925SC991.

265 S.E.2d 484 (1980)

Mike METCALF, Terry Metcalf, Billy Metcalf and Margie Metcalf, W. J. Teague and wife, Loretta Teague and Paul M. Aiken, Sr., and wife, Verneda Aiken v. W. C. PALMER and wife, Hazel H. Palmer, and Charles O. Coffey Builders, Inc., and B. A. Brooks.

Court of Appeals of North Carolina.

May 6, 1980.


Attorney(s) appearing for the Case

Hamrick & Hamrick by J. Nat Hamrick, Rutherford, for plaintiffs-appellees.

Wilson, Palmer & Cannon by Bruce L. Cannon, Lenoir, for defendants-appellants.


PARKER, Judge.

Defendants have attempted to appeal from an order entered pursuant to G.S. 1A-1, Rule 60(b)(1), setting aside a judgment which had dismissed plaintiffs' action with prejudice for failure of plaintiffs' counsel to appear when the case was called for trial. The order appealed from is interlocutory. It does not affect any substantial right of defendants which cannot be protected by timely appeal from the trial court's ultimate disposition of the entire...

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