Troy v. Tucker

SMITH, Judge.

The issue before this Court is whether the denial of a Rule 60(b) motion for relief from a voluntary dismissal is appealable.

Generally, there is no right to an appeal from an interlocutory order. Veazey v. Durham, 231 N.C. 357, 57 S.E.2d 377, reh’g denied, 232 N.C. 744, 59 S.E.2d 429 (1950). An order is interlocutory if it is made during the pendency of an action and it does not dispose of the case but requires further action by the trial court in order to finally determine the rights of all the parties involved in the controversy. Id. A party may, however, appeal an…