Howard v. Parker

EAGLES, Judge.

Plaintiff contends the trial court erred in granting summary judgment for the defendants. We disagree and affirm the court below.

I

Initially, we recognize this is an interlocutory appeal under both G.S. 1-277 and G.S. 7A-27. “Both G.S. 1-277 and G.S. 7A-27(d) provide for immediate appeal of a judicial order or determination that affects a substantial right.” Green v. Duke Power Co., 305 N.C. 603, 606, 290 S.E.2d 593, 595 (1982). “Since the order of the trial court dismissing plaintiff’s claim for punitive damages did affect a ‘substantial right’ of the plaintiff . . .” this…