SHEPPARD v. COMMUNITY FEDERAL SAV. AND LOAN

No. 8629SC241.

352 S.E.2d 252 (1987)

Walter R. SHEPPARD, Jr., Guardian of William L. Sheppard, Incompetent v. COMMUNITY FEDERAL SAVINGS AND LOAN and Community Savings and Loan Association. Walter R. SHEPPARD, Jr., Guardian of William L. Sheppard, Incompetent v. COMMUNITY SAVINGS AND LOAN ASSOCIATION, Community Federal Savings and Loan and Judy Hovey.

Court of Appeals of North Carolina.

February 3, 1987.


Attorney(s) appearing for the Case

Long, Parker, Payne & Warren by Robert B. Long, Jr. and Ronald K. Payne, Asheville, for plaintiff-appellant.

Jackson & Jackson by Frank B. Jackson and Charles Russell Burrell, Hendersonville, for defendant-appellee Community Federal Sav. and Loan Ass'n.

David K. Fox and Hogan and Hogan by Lawrence A. Hogan and Robert L. Hogan, Hendersonville, for defendant-appellee Judy Hovey.


PHILLIPS, Judge.

Of the several contentions that the appellant makes in his quest for a new trial it is necessary to discuss just one, as a new trial is clearly required and the developments that gave rise to the other contentions are not likely to recur. For when Judge Cornelius disregarded Judge Burroughs' prior order directing that plaintiff be examined by a psychiatrist and that a hearing be held on the issue of plaintiff's competency this case took a wrong turn...

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