MATTER OF FERGUSON

No. 8019DC659.

274 S.E.2d 879 (1981)

In the Matter of Mary Lou FERGUSON.

Court of Appeals of North Carolina.

February 17, 1981.


Attorney(s) appearing for the Case

Gavin & Pugh by W. Ed Gavin, Asheboro, for petitioner, Randolph County Dept. of Social Services.

Ottway Burton, Asheboro, for respondent-appellant.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Lemuel W. Hinton and Asst. Atty. Gen. Henry T. Rosser, Raleigh, for the State, amicus curiae.


HARRY C. MARTIN, Judge.

At the outset, we note that Ottie Lamb Ferguson, mother of the child involved, is a proper party to this proceeding. The order denying her motion for jury trial is interlocutory but does affect a substantial right within the meaning of N.C.G.S. 1-277(a) and is appealable. N.C.Const. art. I, § 25.

The question thus raised is whether the North Carolina constitutional requirement of trial by jury is applicable to a proceeding for...

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