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AMERICAN MOTORS SALES CORP. v. PETERS

No. 8110SC514.

294 S.E.2d 764 (1982)

58 N.C. App. 684

AMERICAN MOTORS SALES CORPORATION and Hubert Vickers d/b/a 421 Motor Sales, Petitioners, v. Elbert L. PETERS, Commissioner of Motor Vehicles, Respondent, and James Wilson Pennell d/b/a Pennell Motor Company, Intervenor-Respondent.

Court of Appeals of North Carolina.

September 7, 1982.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Deputy Atty. Gen. William W. Melvin, Raleigh, for respondent-appellee Com'r of Motor Vehicles.

Womble, Carlyle, Sandridge & Rice by William F. Womble, Jr., and James M. Stanley, Jr., Winston-Salem, for petitioners-appellants American Motors Sales Corp. and 421 Motor Sales.

White & Crumpler by Robert B. Womble, Winston-Salem, for intervenor-respondent-appellee Pennell Motor Co.

Johnson, Gamble & Shearon by Samuel H. Johnson and Richard J. Vinegar, Raleigh, for amicus curiae North Carolina Auto. Dealers Ass'n.

WEBB, Judge.

The first question we face is whether the appeal should be dismissed as premature. The petitioners appeal from an order denying a stay of the Commissioner of Motor Vehicles' order which revoked the franchise that American Motors had given 421 Motor Sales to sell Jeeps. This order denying a stay did not dispose of the case and is interlocutory. Setzer v. Annas, 286 N.C. 534, 212 S.E.2d 154

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