KIRKMAN v. WILSON

No. 873SC10.

358 S.E.2d 550 (1987)

Roy L. KIRKMAN and wife, Lula B. Kirkman, Clinton (NMI) Kirkman and wife, Ann Lyvonne Kirkman, and James E. Kirkman (Unmarried), Plaintiffs, v. Addie WILSON (Widow), Zeno M. Everette, Jr. and wife, Carol H. Everette, Ernest F. Boyd and wife, Sybil E. Boyd, Brenda H. Manning, Louis Earl Toler and wife, Joyce D. Toler, Linwood Earl Braxton and wife, Earline Braxton, Elvira Johnson (Widow), Richard D. Jewell and wife, Patsy Johnson Jewell, and Marie H. Wise (Widow), Defendants. Ernest F. BOYD and wife, Sybil E. Boyd, Brenda H. Manning, Louis Earl Toler and wife, Joyce D. Toler, Linwood Earl Braxton and wife, Earline Braxton, Elvira Johnson (Widow), and Richard D. Jewell and wife, Patsy Johnson Jewell, Third Party Plaintiffs, v. J.L. WILSON and wife, Addie Wilson, Cora Lee Bailey and husband, Dennis Bailey, Jimmy Morris and wife, Janice Marlene Morris, Doris Evelyn Sadler and husband, Clem M. Sadler, Britt Annie Warren and husband, James W. Warren, Dora Lee Sumrell and husband, William H. Sumrell, Stephen Kite and wife, Julia Laura Kite, Guy C. Fornes and wife, Lena Frances Fornes, James S. Dixon and wife, Amanda Dixon, Claudis Dixon and wife, Ada Mae Dixon, Office of the Clerk of the Superior Court of Craven County, North Carolina and Craven County, North Carolina, By and Through its Board of Commissioners, Third Party Defendants. Doris Evelyn (Sadler) FORREST, Dora Lee Sumrell and husband, William H. Sumrell and Britt Annie Warren, Additional Third Party Plaintiffs, v. CRAVEN COUNTY and Fireman's Fund Insurance Companies, Additional Third Party Defendants.

Court of Appeals of North Carolina.

August 4, 1987.


Attorney(s) appearing for the Case

Ward and Smith by J. Randall Hiner and Leigh A. Allred, Havelock, for plaintiffs-appellees.

Leboeuf, Lamb, Leiby & Macrae by Jane Flowers Finch and Albert D. Barnes, Raleigh, for defendants-appellants.


PHILLIPS, Judge.

This appeal is not authorized and we dismiss it. It is from an interlocutory order denying a motion to dismiss plaintiffs' action and a substantial right is not affected. Oestreicher v. American National Stores, Inc., 290 N.C. 118, 225 S.E.2d 797 (1976). That the trial judge amended the order to state that it is a "final Judgment" did not change its nature, Tridyn Industries...

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