Legal Opinion

Walleshauser v. Walleshauser

Court of Appeals of North Carolina

Decided November 6, 1990No. 9015DC321PublishedCited by 1 opinion

1Opinion of the Court

ARNOLD, Judge.

Defendant first argues the trial court erred in its order retaining jurisdiction to hear the child custody issue. The order from which defendant appeals is interlocutory and is not properly before us.

An interlocutory order is one that does not determine the issues, but directs some further proceeding preliminary to a final decree. Smart v. Smart, 59 N.C. App. 533, 297 S.E.2d 135 (1982). No appeal lies from an interlocutory order unless the order deprives the appellant of a substantial right which he would lose if the order is not reviewed before the final judgment.

Dunlap v.…

2Cases cited3 opinions

  1. Adkins v. AdkinsCourt of Appeals of North Carolina · 1986
  2. Dunlap v. DunlapCourt of Appeals of North Carolina · 1986
  3. Smart v. SmartCourt of Appeals of North Carolina · 1982

3Cited by1 opinion

  1. Charles Vernon Floyd, Jr. & Sons, Inc. v. Cape Fear Farm Credit, ACASupreme Court of North Carolina · 1999

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