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GILES v. SMITH

No. 9213DC1064.

435 S.E.2d 832 (1993)

Toni GILES, Guardian Ad Litem for Coda Lamar Giles, Plaintiff, v. Bertha SMITH, Administratrix of the Estate of Harold Smith, Defendant. Toni GILES, Plaintiff, v. Bertha SMITH, Administratrix of the Estate of Harold Smith, Defendant. Shirley SMITH, Plaintiff, v. Bertha SMITH, Administratrix of the Estate of Harold Smith, Defendant. Shirley SMITH, Guardian Ad Litem for Kuenete Smith, Plaintiff, v. Bertha SMITH, Administratrix of the Estate of Harold Smith, Defendant. Toni GILES, Guardian Ad Litem for Courtney Shamar Giles, Plaintiff, v. Bertha SMITH, Administratrix of the Estate of Harold Smith, Defendant.

Court of Appeals of North Carolina.

November 2, 1993.

Attorney(s) appearing for the Case

Marvin J. Tedder, Whiteville, for plaintiffs-appellees.

Johnson & Lambeth by Maynard M. Brown, Wilminton, for defendant-appellant.

WELLS, Judge.

Pursuant to one of her assignments of error, defendant contends that the trial court erred in setting aside the judgment and ordering a new trial. Rule 59 provides in pertinent part:

(a) Grounds.—A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following grounds: . . . . . (8) Error in law occurring at the trial and objected to by the party making the motion.<...

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