# State v. Gurganus

> Court of Appeals of North Carolina · November 6, 1984 · 71 N.C. App. 95

URL: https://www.frixlaw.com/law-library/cases/8907284

## Case

- **Full name:** STATE OF NORTH CAROLINA v. TREVOR DALE GURGANUS and LINDA STAPLES GURGANUS
- **Court:** Court of Appeals of North Carolina
- **Decided:** November 6, 1984
- **Citations:** 71 N.C. App. 95; 321 S.E.2d 923; 1984 N.C. App. LEXIS 3825
- **Precedential status:** Published
- **Opinion:** Concurrence by Webb
- **Judges:** Braswell, Eagles, Webb
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8907284

## Opinion text

Judge Webb
concurring.
I concur with the majority in returning the case to the Superior Court. I would do so, however, by dismissing the appeal with an order to the Superior Court to remand the case to District Court for trial. I believe that State v. Jones, 67 N.C. App. *101 413 , 313 S.E. 2d 264 (1984) requires the appeal to be dismissed as interlocutory. I do not believe the distinction between Jones and this case relied on by the majority is sufficient to keep Jones from being a precedent for this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8907284. Public record. Not legal advice.