DALENKO v. PEDEN GENERAL CONTRACTORS, INC.

No. COA08-170.

676 S.E.2d 625 (2009)

Carol DALENKO d/b/a Brighton Stables, Plaintiff, v. PEDEN GENERAL CONTRACTORS, INC. and James M. Peden, Jr., James M. Peden, III, Individually, and as Officers and Shareholders of Peden, Defendants.

Court of Appeals of North Carolina.

May 19, 2009.


Attorney(s) appearing for the Case

Carol Dalenko, pro se, Knightdale, plaintiff-appellant.

Nicholls & Crampton, P.A., by W. Sidney Aldridge, Raleigh, for defendant-appellees.

Panel Consisting of: Judges STEELMAN, JACKSON and STROUD.


PER CURIAM.

Plaintiff may not attempt to revive previously litigated claims by filing an independent action. An arbitration award is a final adjudication of a matter, subject to the specific matters for which it may be set aside by the trial court. Plaintiff's appeal of a non-appealable interlocutory order does not divest the trial court of jurisdiction to proceed with the case. Parties cannot by contract select a trial judge to hear their lawsuit. The trial courts...

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