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HOWARD v. BOYCE

No. 751SC262.

217 S.E.2d 708 (1975)

26 N.C. App. 688

Frances Badham HOWARD et al. v. Lonnie BOYCE (now Deceased), Original Defendant, and Celia U. Boyce, Individually, et al.

Court of Appeals of North Carolina.

August 6, 1975.

Attorney(s) appearing for the Case

Richard Powell, Greenville, Samuel S. Mitchell, Raleigh, for plaintiffs-appellants.

Pritchett, Cooke & Burch by J. A. Pritchett, W. L. Cooke and W. W. Pritchett, Jr., Windsor, for defendants-appellees.

ARNOLD, Judge.

When an appeal is pending the trial court is functus officio. It has no authority to issue further orders in the case. Wiggins v. Bunch, 280 N.C. 106, 184 S.E.2d 879 (1971). Consequently, plaintiffs' appeal from the November 14 order precluded the subsequent entry of summary judgment against them. The December 19 judgment therefore must be vacated and the cause remanded...

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