Myers v. Mutton

Decision Date27 March 2003
Docket NumberNo. 84P03.,84P03.
CitationMyers v. Mutton, 579 S.E.2d 390, 357 N.C. 63 (N.C. 2003)
PartiesKenneth H. MYERS, Jr. v. Thomas P. MUTTON, M.D.; Forsyth Memorial Hospital, Inc., Novant Health, Inc.; Novant Health Triad Region, LLC.
CourtNorth Carolina Supreme Court

Reginald B. Gillespie, Jr., Durham, for Kenneth H. Myers, Jr.

Richard L. Vanore, Greensboro, Norman Klick, Jr. for Mutton et al.

Prior report: 155 N.C.App. 213, 574 S.E.2d 73.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Plaintiff and Petitioner(Faison and Gillespie) in this matter pursuant to G.S. 7A-30(substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero motu by order of the Court in conference, this the 27th day of March 2003."

Upon consideration of the petition filed by Plaintiff and Petitioner(Faison and Gillespie) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order...

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7 cases
  • Hamilton v. Mortgage Info. Serv. Inc.
    • United States
    • North Carolina Court of Appeals
    • May 17, 2011
    ...713, 582 S.E.2d 321, 323 (2003) (quoting Myers v. Mutton, 155 N.C.App. 213, 215, 574 S.E.2d 73, 75 (2002), disc. review denied, 357 N.C. 63, 579 S.E.2d 390 (2003)). The appealing party bears the burden of demonstrating that the order from which he or she seeks to appeal is appealable despit......
  • Raprager v. Raprager
    • United States
    • North Carolina Court of Appeals
    • January 4, 2011
    ...reviewed." Myers v. Mutton, 155 N.C. App. 213, 215, 574 S.E.2d 73, 75 (2002), appeal dismissed and disc, review denied, 357 N.C. 63, 579 S.E.2d 390 (2003). In either case, "it is the appellant's burden to present appropriate grounds for this Court's acceptance of an interlocutory appeal[.]"......
  • Currin & Currin Const., Inc. v. Lingerfelt
    • United States
    • North Carolina Court of Appeals
    • July 1, 2003
    ...from an interlocutory order. Myers v. Mutton, 155 N.C.App. 213, 214, 574 S.E.2d 73, 75 (2002), disc. review denied, 357 N.C. 63, 579 S.E.2d 390 (No. 84P03) (2003). However, an interlocutory is immediately appealable if (1) the order is final as to some claims or parties, and the trial court......
  • Southern Furniture Company of Conover, Inc. v. Anderson, No. COA08-1468 (N.C. App. 8/4/2009)
    • United States
    • North Carolina Court of Appeals
    • August 4, 2009
    ...reviewed." Myers v. Mutton, 155 N.C. App. 213, 215, 574 S.E.2d 73, 75 (2002), appeal dismissed and disc. review denied, 357 N.C. 63, 579 S.E.2d 390 (2003). In either case, "it is the appellant's burden to present appropriate grounds for this Court's acceptance of an interlocutory appeal[.]"......
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