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STATE EX REL. RHODES v. SIMPSON

No. 873SC1128.

372 S.E.2d 312 (1988)

91 N.C. App. 517

STATE of North Carolina, ex rel. S. Thomas RHODES, Secretary, Department of Natural Resources and Community Development, v. Vivian Anne SIMPSON.

Court of Appeals of North Carolina.

October 4, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Asst. Atty. Gen. J. Allen Jernigan, Raleigh, for State.

Bennett, McConkey, Thompson, Marquardt & Wallace by Thomas S. Bennett, Morehead City, for defendant-appellee.

PHILLIPS, Judge.

Though the State's appeal is from an interlocutory order, it is authorized since the right not to have a case tried by a jury is a substantial right, no less than is the right to a jury trial. Faircloth v. Beard, 320 N.C. 505, 358 S.E.2d 512 (1987). The only question it presents is whether the following guarantee:

In all controversies at law respecting property, the...

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