HART v. WARREN

No. 797SC1037.

266 S.E.2d 53 (1980)

Benjamin HART, Administrator of the Estate of Robert Earl Battle, Deceased. v. J. M. WARREN, M.D.

Court of Appeals of North Carolina.

May 20, 1980.


Attorney(s) appearing for the Case

Watson, King & Hofler by R. Hayes Hofler, III, Durham, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James D. Blount Jr. and Nigle B. Barrow Jr., Raleigh, for defendant-appellee.


HILL, Judge.

Appellee contends plaintiff appellant has abandoned in his brief the one properly preserved exception and assignment of error, and, therefore, failed to present any question to this Court; that by abandoning his first appeal and seeking a new trial the appellant was precluded from appealing from rulings made previously by the trial court. See Sink v. Easter, 288 N.C. 183, 217 S.E.2d 532

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