ELKS v. HANNAN

No. 833SC266.

315 S.E.2d 553 (1984)

Margaret L. ELKS v. James Eric HANNAN.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by M.E. Cavendish and Charles R. Hardee, Greenville, for plaintiff-appellee.

Williamson, Herrin, Stokes & Heffelfinger by Mickey A. Herrin, and Dixon, Horne, Duffus & Doub by J. David Duffus, Jr., Greenville, for defendant-appellant.


PHILLIPS, Judge.

At the threshold of this appeal, we are confronted with the fact that whether the order appealed from is deemed to be an order of mistrial, as the record states, or an order for a new trial, as we believe, it was certainly a discretionary order, interlocutory in nature, that was not immediately appealable. G.S. 1-277; G.S. 7A-27. Nevertheless, because of the posture that the case is in and its unusual circumstances, we have decided, as the law permits...

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