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FREEMAN v. MONROE

No. 8821SC26.

373 S.E.2d 443 (1988)

92 N.C. App. 99

Peggy Hutchins FREEMAN, Plaintiff, v. Dr. John H. MONROE, M.D., Forsyth Gynecologic Associates, P.A., Dr. Robert L. Means, M.D., Forsyth Surgical Associates, P.A., Dr. John C. Faris, M.D., Breast Clinic, Inc., Defendants.

Court of Appeals of North Carolina.

November 15, 1988.

Attorney(s) appearing for the Case

Kenneth Clayton Dawson and Billy R. Craig, Winston-Salem, for plaintiff-appellant.

Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for defendant-appellee Dr. John C. Faris.

Tuggle Duggins Meschan & Elrod by Sally A. Lawing, Greensboro, for defendant-appellee Breast Clinic, Inc.

PHILLIPS, Judge.

The first of two questions raised by this appeal is whether the denial of plaintiff's motion to continue the summary judgment hearing was an abuse of the court's discretion. We hold that it was. Though the refusal of a continuance is within the sound discretion of the trial court and ordinarily will not be interfered with on appeal, State v. Rhodes, 202 N.C. 101, 161 S.E. 722 (1932), any discretionary ruling that is "manifestly unsupported...

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