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SEAWELL v. CONTINENTAL CAS. CO.

No. 8620SC687.

352 S.E.2d 263 (1987)

Richard SEAWELL v. CONTINENTAL CASUALTY COMPANY and W.R. Grace & Company.

Court of Appeals of North Carolina.

February 3, 1987.

Attorney(s) appearing for the Case

Van Camp, Gill, Bryan, Webb & Thompson, P.A. by James R. Van Camp and Douglas R. Gill, Pinehurst, for plaintiff-appellant.

Petree, Stockton & Robinson by W.F. Maready, John F. Mitchell and Steve M. Pharr, Winston-Salem, and Brown, Holshouser, Pate & Burke by W. Lamont Brown, Southern Pines, for defendants-appellees.

ARNOLD, Judge.

Rule 10(d) of the North Carolina Rules of Appellate Procedure states in pertinent part:

Without taking an appeal an appellee may set out exceptions to and cross-assign as error any action or omission of the trial court to which an exception was duly taken or as to which an exception was deemed by rule or law to have been taken, and which deprived the appellee of an alternative basis in law for supporting the judgment, order, or other determination...

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