Given the task definition and input, reply with output. In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

because we determine that plaintiff's combined rule 52, 59, and 60 motion was not timely served on defendant as to the 10 january orders, which in turn rendered plaintiff's appeal from those underlying orders untimely, we decline to grant plaintiff's petition for writ of certiorari in coa17-1119 to address the merits of his appeal, see infra.

non-overruling