Court of Appeals OrderFax: (919) 831 -3615
Web: http: / /www.nccourts.org
No. 14 -1022
KENT JEFFRIES,
Petitioner,
V
Portbj Caroriva (Court of
JOHN H. CONNELL Clerk
Court of Appeals Building
One West Morgan Street
Raleigh, NC 27601
(919) 831 -3600
From Harnett
( 11CVS1187 )
LYNWOOD HARE, FRANCES L. HARE,
BOBBIE LEWIS JEFFRIES, and
THOMAS GLENN FINCH,
Intervening Petitioners,
V
COUNTY OF HARNETT,
Respondent,
and
DRAKE LANDING, LLC,
WILLIAM DAN ANDREWS and
LINDAANDREWS,
Intervening Respondents.
The following Order was entered:
Mailing Address:
R O. Box 2779
Raleigh, NC 27602
Petitioner - Appellee Kent Jeffries filed a 'Motion to Dismiss and Alternative Petition for Writ of
Certiorari' on 4 December 2014 with this Court.
Because Intervening Respondents - Appellants have improperly appealed from an interlocutory order,
we dismiss their appeal. The 17 March 2014 order from which Respondents appeal did not decide all issues
before the trial court, and the trial court did not certify the resolved issues for immediate appeal pursuant to
N.C.R. Civ. P. 54(b) (2013). Contrary to Respondents' argument in response to Petitioner's motion to
dismiss, the issue left undecided by the trial court has not been rendered moot by actions taken by
Respondents. Finally, Respondents fail to show that absent immediate appeal a substantial right of theirs
would be adversely affected. Hoke Cnty. Bd. of Educ. v. State, 198 N.C. App. 274, 279, 679 S.E.2d 512, 516
(2009).
Petitioner's Motion to Dismiss filed in this Court 4 December 2014 is hereby GRANTED. Petitioner's
Petition for Writ of Certiorari filed in this Court 4 December 2014 is hereby DENIED, as it is now moot.
And it is considered and adjudged further, that Drake Landing LLC, et al, do pay the costs of the
appeal in this Court incurred, to wit, the sum of Ninety One Dollars and 25/100 ($91.25), and execution issue
therefor.
This the 30th Day of January 2015.
2015. WITNESS my hand and the seal of the North Carolina Court of Appeals, this the 30th day of January
w //
'." John H. Connell
Clerk, North Carolina Court of Appeals
Copy to:
Mr. John Walter Bryant, Attorney at Law, For Drake Landing, LLC, et al
Ms. Amber J. Ivie, Attorney at Law
Mr. Kent Jeffries, For Jeffries, Kent
Mr. Thomas Glenn Finch, For Finch, Thomas Glenn
Bobbie Lewis Jeffries, For Jeffries, Bobbie Lewis
Mr. Lynwood W. Hare, For Hare, Lynwood
Frances L. Hare, For Hare, Frances L.
Ms. C. Elizabeth Hall, Attorney at Law, For Jeffries, Kent
Mr. Dwight Snow, For County of Harnett
Mr. Christopher G. Browning, Jr., Attorney at Law
Hon. Linda M. McGee, Chief Judge
Hon. Marsha Johnson, Clerk of Superior Court