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STATE EX REL. RHODES v. GIVENS

No. 901SC562.

400 S.E.2d 745 (1991)

101 N.C. App. 695

STATE of North Carolina ex rel. S. Thomas RHODES, Secretary, Department of Natural Resources and Community Development and David W. Owens, Director, Division of Coastal Management v. R.O. GIVENS, Sr. and R.O. Givens Signs, Inc.

Court of Appeals of North Carolina.

February 19, 1991.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Asst. Atty. Gen. Robin W. Smith, Raleigh, for the State.

Shearin & Archbell by Roy A. Archbell, Jr., and Norman W. Shearin, Jr., Kitty Hawk, for defendants-appellants.

ORR, Judge.

The issue on appeal is whether the trial court erred in denying defendants' request for trial by jury. For the reasons set forth below, we affirm the order of the trial court denying defendants' request for trial by jury.

"An interlocutory order that denies a motion to deny a demand for jury trial affects a substantial right and is immediately appealable." State ex rel. Rhodes v. Simpson, 325 N.C. 514, 517...

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