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GREEN BY GREEN v. MANESS

No. 8318SC951.

316 S.E.2d 917 (1984)

Jimmy Bernard GREEN, by his Guardian Ad Litem, Barbara Ann GREEN, and James Vernon Green and wife, Barbara Ann Green v. A. Kelly MANESS, Jr.

Court of Appeals of North Carolina.

July 3, 1984.

Attorney(s) appearing for the Case

Clark & Wharton by David M. Clark and John R. Erwin, Greensboro, for plaintiffs-appellants.

Tuggle, Duggins, Meschan & Elrod by Joseph E. Elrod, III, and J. Reed Johnston, Jr., Greensboro, for defendant-appellee.

WHICHARD, Judge.

Plaintiffs contend they suffered prejudicial surprise when defendant brought forth a new expert witness with a new defense theory virtually on the eve of trial, and that the court thus erred in denying their motion for a continuance to enable them to prepare to meet the resultant changed conditions. While (1) a motion to continue ordinarily is addressed to the sound discretion of the trial judge, and (2...

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