Harrell v. Harrell

A Superior Court Judge can neither allow nor refuse an appeal. “Appeals lie from the Superior Court to the Supreme Court as a matter of right rather than as a matter of grace. Under the Code of Civil Procedure, the aggrieved party is authorized to take an appeal in the cases prescribed by law. G.S. 1-271, 1-277, 1-279, 1-280. In such cases, he appeals as a matter of right on compliance with the statutes and rules of court as to the time and manner of taking and perfecting the appeal.” But where an interlocutory order is not subject to appeal, the Superior Court need not stay proceedings…