ATKINS v. DOUB

4 Citing cases

  1. Britt v. Allen

    291 N.C. 630 (N.C. 1977)   Cited 64 times
    Holding that a statement in the order that the trial court had committed unspecified errors of law was surplusage and did not effect the trial court's discretionary ruling

    This statement was mere surplusage and did not make Judge Long's order appealable. See Atkins v. Doub, 260 N.C. 678, 133 S.E.2d 456 (1963); 1 Strong's N.C. Index 3d Appeal and Error 54.3 (1976). See also Ward v. Cruse, 234 N.C. 388, 67 S.E.2d 257 (1951).

  2. Waters v. Personnel, Inc.

    294 N.C. 200 (N.C. 1978)   Cited 245 times
    Holding order setting aside summary judgment for procedural irregularity was not immediately appealable

    In GMC Trucks v. Smith, 249 N.C. 764, 107 S.E.2d 746 (1959) this Court held that an order setting aside a judgment of nonsuit was equivalent to the denial of a motion for nonsuit and not appealable. Other representative cases holding interlocutory orders not appealable are: Consumers Power v. Power Co., supra, 285 N.C. 434, 206 S.E.2d 178 (1974) (denial of defendant's motion to dismiss for lack of a justiciable controversy); Barrier v. Randolph, 260 N.C. 741, 133 S.E.2d 655 (1963) (denial of motion for judgment on the pleadings); Atkins v. Doub, 260 N.C. 678, 133 S.E.2d 456 (1963) (order setting aside verdict and denying motion for nonsuit); Fryar v. Gauldin, 259 N.C. 391, 130 S.E.2d 689 (1963) (order of continuance); Cox v. Cox, 246 N.C. 528, 98 S.E.2d 879 (1957) (order reversing clerk's entry of voluntary nonsuit); Johnson v. Insurance Co., 215 N.C. 120, 1 S.E.2d 381 (1939) (denial of defendant's motion to dismiss on ground action was barred by statute of limitations); Acoustical Co. v. Cisne and Associates, 25 N.C. App. 114, 212 S.E.2d 402 (1975) (order setting aside an entry of default); see also 2 McIntosh, North Carolina Practice and Procedure 1782, n. 44 (1970 Pocket Part); but see Newton v. Insurance Co., 291 N.C. 105, 229 S.E.2d 297 (1976) and Oestreicher v. Stores, 290 N.C. 118, 225 S.E.2d 797 (1976) in which we held an order dismissing a claim for punitive damages prior to trial was immediately appealable. The order setting aside summary judgment for defendant is tantamount to an order denying, for the time being at least, defendant's motion for su

  3. Sizemore v. Raxter

    58 N.C. App. 236 (N.C. Ct. App. 1982)   Cited 8 times

    Absent record disclosure of abuse of discretion, "the order is not subject to review on appeal." Id. See also Britt v. Allen, 291 N.C. 630, 634-35, 231 S.E.2d 607, 611 (1977); Atkins v. Doub, 260 N.C. 678, 133 S.E.2d 456 (1963); Byrd v. Hampton, 243 N.C. 627, 91 S.E.2d 671 (1956); White v. Keller, 242 N.C. 97, 99, 86 S.E.2d 795, 796-97 (1955); Strayhorn v. Bank, 203 N.C. 383, 166 S.E. 312 (1932). No abuse of discretion appears.

  4. Mull v. Mull

    185 S.E.2d 14 (N.C. Ct. App. 1971)   Cited 3 times

    Plaintiff attempts to assign as error the court's denial of his motion for a directed verdict made at the close of defendant's evidence and renewed at the close of all of the evidence. Since there is neither verdict nor judgment in the record, there is no basis upon which an appeal on this ground may rest. Atkins v. Doub, 260 N.C. 678, 133 S.E.2d 456. Appeal dismissed.