DUKE UNIVERSITY v. BRYANT-DURHAM ELEC. CO.

No. 8314SC126.

311 S.E.2d 638 (1984)

DUKE UNIVERSITY v. BRYANT-DURHAM ELECTRIC COMPANY, INC. and Richards & Associates, Inc., A Joint Venture.

Court of Appeals of North Carolina.

February 21, 1984.


Attorney(s) appearing for the Case

Dailey J. Derr, Durham, and Thomas N. Frisby, Tyler, Tex., for defendant-appellant.

Powe, Porter & Alphin by E.K. Powe and William E. Freeman, Durham, for plaintiff-appellee.


EAGLES, Judge.

Defendant BDR here attempts to appeal from an order denying its motion to dismiss this action for lack of subject matter jurisdiction because, defendant contends, this action must be a compulsory counterclaim in 80CvS89. We find that the order denying the motion to dismiss is an interlocutory order, and therefore we dismiss defendant's appeal.

G.S. 1-277(a) provides that no appeal lies from an interlocutory order or ruling of a trial judge unless...

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