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BANNER v. HATCHER

No. COA96-7.

477 S.E.2d 249 (1996)

Terry BANNER, Plaintiff, v. Jerry Earl HATCHER, Defendant.

Court of Appeals of North Carolina.

November 5, 1996.

Attorney(s) appearing for the Case

Smith & Murphrey by Steven D. Smith and John R. Combs, Winston-Salem, for plaintiff-appellee.

D. Blake Yokley, Winston-Salem, for defendant-appellant.

EAGLES, Judge.

Defendant purports to appeal the trial court's grant of plaintiff's motion pursuant to Rule 60(b) to vacate and set aside the trial court's previous order of 26 January 1995. Although the issue is not raised by either party, we recognize that "[a]ppeals from such orders must be dismissed as interlocutory." Braun v. Grundman, 63 N.C. App. 387, 388, 304 S.E.2d 636, 637 (1983) (citing Bailey v. Gooding,

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