SHAW v. PEDERSEN

No. 8018SC1070.

281 S.E.2d 700 (1981)

Mable J. SHAW, Administratrix of the Estate of Nathaniel Shaw, Deceased, v. James R. PEDERSEN and Republic Van Storage Co., Inc.

Court of Appeals of North Carolina.

September 15, 1981.


Attorney(s) appearing for the Case

Benjamin S. Marks, Jr., and R. Horace Swiggett, Jr., Greensboro, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by Richmond G. Bernhardt, Jr., and Peter J. Covington, Greensboro, for defendants-appellees.


MORRIS, Chief Judge.

The judgment is interlocutory and not appealable. In the recent case of Bailey v. Gooding, 301 N.C. 205, 270 S.E.2d 431 (1980), our Supreme Court held that an order of a trial court allowing a motion pursuant to G.S. 1A-1, Rule 60(b) to set aside a default judgment was interlocutory and not appealable. In so holding, the Court stated, per Justice Carlton:

While...

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