BOWDEN v. LATTA

No. 541PA93.

448 S.E.2d 503 (1994)

337 N.C. 794

Frank Newcombe BOWDEN, Administrator of the Estate of Donna Ellyn Brooky v. William Dudley LATTA, JR., and William Dudley Latta, Sr., d/b/a W.D. Latta & Sons Trucking.

Supreme Court of North Carolina.

October 6, 1994.


Attorney(s) appearing for the Case

Maxwell, Freeman & Beason, P.A. by Robert A. Beason and Monica Umstaedt Rossman, Durham, for plaintiff-appellee.

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by George W. Miller, Jr. and John R. Kincaid, Durham, for defendant-appellants.


PER CURIAM.

This is one of those rare cases where both sides agree. In their briefs, plaintiff and defendants urge us to reverse the decision of the Court of Appeals, which dismissed defendants' appeal as premature, and remand for determination of the merits of the underlying appeal. For the reasons which follow, we grant the relief requested.

This is a wrongful death action in which plaintiff alleged the decedent died as a result of defendant William Dudley...

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