EVERETTE v. TAYLOR

No. 853SC163.

335 S.E.2d 212 (1985)

Dixie Whitehurst EVERETTE v. Joseph Junior TAYLOR.

Court of Appeals of North Carolina.

October 15, 1985.


Attorney(s) appearing for the Case

Battle, Winslow, Scott & Wiley by Robert L. Spencer and V. Elaine Cohoon, Rocky Mount, for plaintiff-appellant.

Howard, Browning, Sams & Poole by Myron T. Hill, Jr., Greenville, for defendant-appellee.


ARNOLD, Judge.

The plaintiff first contends the court erred in granting a permanent injunction when the only matter before the court was a hearing on whether to extend the temporary restraining order. We agree and vacate the permanent injunction.

It is apparent from the court's order that it has finally and absolutely determined adversely to plaintiff the issue regarding whether proper service was obtained against Joseph Taylor and the issue whether plaintiff...

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