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National Home Life Assurance Co. v. Ingram
Citations: 21 N.C. App. 591; 205 S.E.2d 313; 1974 N.C. App. LEXIS 1881Docket: No. 7410SC385
Court: Court of Appeals of North Carolina; June 5, 1974; North Carolina; State Appellate Court
The appeal is deemed premature and is dismissed because the order in question is interlocutory and does not affect a substantial right of the respondent appellant, nor does it fall within any applicable subsections of G.S. 7A-27(d). The order lacks findings of fact, does not address the issues raised by the respondent’s motion to dismiss, and imposes no directives on the respondent. It merely states the trial court's legal conclusion that requests made by the respondent to the petitioner between 1971 and 1973 were informal and lacked legal force. Even if considered a declaratory judgment, it does not impact the respondent Commissioner’s ability to exercise statutory duties, including conducting examinations and hearings related to the licensing of National. Additionally, G.S. 58-66 indicates that insurance company licenses extend for twelve months following July 1 each year, making the subject of the order moot. Judges Vaughn and Carson concur with the dismissal.