AZZOLINO v. DINGFELDER

No. 8315SC1292.

322 S.E.2d 567 (1984)

Jane A. AZZOLINO; Louis Azzolino; Michael Lawrence Azzolino, By his General Guardians, Jane A. Azzolino and Louis Azzolino; Regina Mary Gallagher, by her General Guardian, Jane A. Azzolino; and David John Azzolino, by his General Guardian, Louis Azzolino, Plaintiffs, v. James R. DINGFELDER; Jean Dowdy; and Orange-Chatham Comprehensive Health Services, Inc., d/b/a Haywood-Moncure Community Health Center, Defendants.

Court of Appeals of North Carolina.

November 20, 1984.


Attorney(s) appearing for the Case

Tim Hubbard, Pittsboro, for plaintiffs-appellants.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by C. Ernest Simons, Jr. and Steven M. Sartorio, Raleigh, and Coleman, Bernholz, Dickerson, Bernholz, Gledhill & Hargrave by Roger B. Bernholz, Chapel Hill, for defendants-appellees.


HILL, Judge.

I

The threshold question we must address is whether the appeals taken by Michael Azzolino and his siblings were timely made. Defendants contend the court's orders of 14 December 1982 dismissing the children's claims constituted a final adjudication of those claims because they were separate and distinct from the claims of the parents; that the court's orders affected a substantial right of the parties; and therefore an appeal from those orders...

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