JACOBS v. CITY OF ASHEVILLE

No. COA99-526.

528 S.E.2d 905 (2000)

Jennifer JACOBS, Plaintiff, v. CITY OF ASHEVILLE, Defendant.

Court of Appeals of North Carolina.

April 18, 2000.


Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes, and Davis, P.A., by Michelle Rippon; and George Weaver, II, Asheville, for plaintiff appellee.

Patla, Straus, Robinson & Moore, P.A., by Sharon Tracey Barrett and Alan Z. Thornburg; and Robert W. Oast, Jr., Asheville, for defendant appellant.


HORTON, Judge.

The City contends the trial court erred in determining that the provision of the Asheville Civil Service law providing for a jury trial de novo is constitutional, and also erred in determining that plaintiff's complaint does state a claim for which relief may be granted. The order entered by the trial court was clearly interlocutory. However, we have previously held that an order denying a motion for a jury trial is appealable because...

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