Opinion

Board of Transportation v. Gragg

  • 38 N.C. App. 740
  • 248 S.E.2d 763
  • 1978 N.C. App. LEXIS 2321
Court
Court of Appeals of North Carolina
Filed
Nov 21, 1978
Status
Published
Author
Hedrick
On the bench
Harry, Hedrick, Martin, Morris
Cited by
1 cases
Authority
More cited than 50.1%

The opinion

HEDRICK, Judge.

A pretrial order declaring certain evidence admissible or inadmissible is indeterminate and subject to later modification. Knight v. Duke Power Co., 34 N.C. App. 218 , 237 S.E. 2d 574 (1977); Davis Realty, Inc. v. City of High Point, 36 N.C. App. 154 , 242 S.E. 2d 895 (1978). The same is true of a pretrial order purporting to fix what the rule of damages should be at the trial. Green v. Western & Southern Life Insurance Co., 250 N.C. 730 , *742 110 S.E. 2d 321 (1959). Such orders are not immediately ap-pealable. 1 Strong’s N.C. Index 3d, Appeal and Error, § 6.9.

Appeal dismissed.

Judges MORRIS and MARTIN (Harry C.) concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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