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FIRST AMER. SAV. & LOAN v. SATTERFIELD

No. 873SC79.

359 S.E.2d 812 (1987)

FIRST AMERICAN SAVINGS & LOAN ASSOCIATION v. G.H. SATTERFIELD, Jr., and wife, Joyce Satterfield.

Court of Appeals of North Carolina.

September 15, 1987.

Attorney(s) appearing for the Case

Wyrick, Robbins, Yates, Ponton & Kirby by Samuel T. Wyrick, III, and Mark C. Kirby, Raleigh, for plaintiff-appellant.

Connor, Bunn, Rogerson & Woodard, P.A. by David M. Connor, Wilson, for defendant-appellees.

MARTIN, Judge.

The question of whether or not an appeal lies from the superior court's order setting aside the judgment has not been presented or argued by either party to this appeal. It is well-established, however, that if the appealing party has no right of appeal, the appellate court should, on its own motion, dismiss the appeal even when the question of appealability has not been raised by the parties. Bailey v. Gooding, 301 N.C. 205

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