Stokes v. Crumpton

Although the majority correctly cites Dworsky v. Travelers Ins. Co., 49 N.C.App. 446, 271 S.E.2d 522 (1980) regarding the substantial right justifying immediate appeal of an interlocutory order denying discovery, I do not believe the majority correctly applies the law to the facts of this case. Plaintiff has demonstrated he would be deprived of the substantial right contemplated by Dworsky sufficient to justify immediate review. Alternatively, I would allow plaintiff's petition for a writ of certiorari to address his appeal on the merits. Either way, the trial court erred by concluding there…