Perry v. Cullipher

WEBB, Judge.

The first question posed by this appeal is whether it should be dismissed as premature. The order holding that the action is not a class action does not determine the controversy and is interlocutory. The plaintiff argues that he is entitled to appeal under the substantial right exception of G.S. 1-277 and G.S. 7A-27(d)(l). An interlocutory order is appealable if it affects a substantial right and will work injury to the appellants if not corrected before final judgment. Investments v. Housing, Inc., 292 N.C. 93, 232 S.E. 2d 667 (1977). If the court erred in refusing to certify…