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STONE v. MARTIN

No. 8310SC817.

318 S.E.2d 108 (1984)

Ada Pearl STONE and Cecil Glynn Jernigan, Individually and as Shareholders of Creekside Enterprises, Inc. v. R.L. MARTIN, Jr. and Larry G. Sanderford and Creekside Enterprises, Inc.

Court of Appeals of North Carolina.

July 17, 1984.

Attorney(s) appearing for the Case

Brenton D. Adams, Raleigh, and Woodall, McCormick & Felmet by Edward H. McCormick, Lillington, for plaintiff appellants.

Hunter, Wharton & Howell by John V. Hunter, III, Raleigh, for defendant appellee R.L. Martin, Jr.

WHICHARD, Judge.

Defendant Martin asserts that plaintiffs' appeal should not be heard at this time because it is interlocutory and does not affect a substantial right. While the argument is not properly raised as a cross-assignment of error pursuant to N.C.R. App.P. 10(d), we choose to address it.

This Court has authority to issue a writ of certiorari to review a trial court order "when no right of appeal from an interlocutory order exists." N.C.R.App.P. 21...

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