CUMMINGS v. SNYDER

No. 8810SC269.

372 S.E.2d 724 (1988)

91 N.C. App. 565

Clara S. CUMMINGS, Trustee under the Will of Peggy Fox Snyder v. Charles William SNYDER, and Lisa Kirby, Guardian Ad Litem for Bradley Snyder.

Court of Appeals of North Carolina.

October 18, 1988.


Attorney(s) appearing for the Case

Calhoun & Nichols by M. Jackson Nichols, Raleigh and Gulley, Eakes & Volland by Daniel F. Read, Durham, for petitioner-appellant.

Young, Moore, Henderson & Alvis by John A. Michaels, Raleigh, for respondent-appellee.

Faison, Brown, Fletcher & Brough by Mark Kirby, Raleigh, guardian ad Litem, for Lisa Kirby.


ARNOLD, Judge.

The perplexity presented by the interlocutory nature of this appeal could have been avoided if the trial court had reopened the judgment, amended its conclusions, and directed entry of a new judgment in favor of the respondent. See N.C.G.S. § 1A-1, Rule 59(a)(9).

When a verdict is set aside for error in law, and not as a matter of discretion, the aggrieved party may appeal, provided the error is specifically designated. Britt...

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