Johnson v. Garwood

271 S.E.2d 544 (1980) 49 N.C. App. 398

Kenneth H. JOHNSON
v.
Wanda B. GARWOOD and husband, John Garwood; Peggy B. Newsom and husband, Charles Newsom; Kaye B. Mann and husband, Robert Lewis Mann.

No. 8025SC387.

Court of Appeals of North Carolina.

November 4, 1980.

No counsel for plaintiff-appellee.

Patrick, Harper & Dixon by Stephen M. Thomas, Hickory, for defendants-appellants.

ARNOLD, Judge.

By this purported appeal we are again presented with an attempt to appeal from an order granting a new trial solely as to the issues of damages. Such an order is interlocutory and there is no immediate right of appeal. Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E.2d 443 (1979).

While G.S. 1-277(a) provides that "[a]n appeal may be taken from every judicial order or determination ... which grants or refuses a new trial," this Court has observed that an order granting only a partial new trial is not subject to immediate appellate review. Insurance Co. v. Dickens, 41 N.C.App. 184, 254 S.E.2d 197 (1979). Defendant may not appeal from the order directing a new trial solely on the issue of damages.

Appeal dismissed.

HEDRICK and HILL, JJ., concur.