Whalehead Properties v. Coastland Corp.

BROCK, Justice.

The Court of Appeals in its dismissal of the parties’ appeals relied on our opinion in Tridyn Industries, Inc. v. American Mutual Insurance Company, 296 N.C. 486, 251 S.E. 2d 443 (1979). For the reasons which follow we hold Tridyn does not require dismissal of either plaintiff’s or defendants’ appeal.

We turn first to plaintiff’s right of appeal. It is settled law in this State that the right of appeal lies from the final judgment of superior court or from an interlocutory order of the superior court which affects some substantial right. Veazey v. Durham, 231 N.C. 357, 362, 57…