Court of Appeals of North Carolina November 28, 1973, 7326SC771 (Wilson v. Bob Robinson's Auto Service, Inc.)

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CAMPBELL, Judge.

Bob Robinson’s contends that this appeal is premature and should be dismissed since under G.S. 1A-1, Rule 54, no final judgment has been entered. Motions to that effect have been filed. However, in

Gillikin v. Mason,

256 N.C. 538, 124 S.E. 2d 541 (1962), the Supreme Court reviewed the allowance of a motion for nonsuit in a case involving a mistrial.